213644 10/09/2012 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $2,698.78
�`. CARMEL, INDIANA 46032 410 W CARMEL DRIVE
"zro�io CARMEL IN 46032 CHECK NUMBER: 213644
CHECK DATE: 10/9/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
2201 4231100 STREET 44 . 59 243824
2201 4231100 STREET 20 . 90 244400
2201 4353099 STREET 724 . 50 241861
2201 4353099 STREET 362 . 25 242586
2201 4353099 STREET 241 . 50 242699
2201 4353099 STREET 459 . 79 242841
2201 4353099 STREET 603 . 75 243396
2201 4353099 STREET 241 . 50 243755
RUNYON EQUIPMENT RENTAL
410 WEST CARMEL DRIVE
CARMEL, IN 46032
(317) 566-8888 STATEMENT DATE: 09/20/12 503
PRINTING DATE: 09/20/12
REMIT TO�:
a..
CARMEL STREET DEPARTMENT RUNYON EQUIPMENT RENTAL
3400 WEST 131ST STREET 410 WEST CARMEL DRIVE
CARMEL IN 46074 CARMEL, IN 46032
DATE' '-:INVOICE# LOC DESCRIPTION AMOUNTS . CREDITS BALANCE' ..
08/30/12 241275 100 PROPANE 60 POUND REF 44. 59 0.00 44.59 p
08/30/12 241322 100 PO# SHOP 48. 00 0. 00 48. 00x-
08/31/12 241443 100 PO# 106TH STREET 210. 00 0.00 210.00
09/05/12 241885 100 PO# SAFELY EQUIPT 20.48 0.00 20.48
09/07/12 241861 100 PO# ROUNDABOUTS 724.50 0. 00 724.50v-
09/13/12 242586 100 OVERSEEDER 19" PATH 362 .25 0. 00 362 .25✓
09/13/12 242699 100 PO# SHOP 241 .50 0.00 241.50✓
09/13/12 242841 100 PO# BOYD 208 459 .79 0. 00 459.79✓
****Unapplied* Payments**** - Amount Allocated Remaining
C1
3.0":DAYS_.; ''.6 0 DAYS ' 9.0: DAYS S2 0 DAYS:' , TOTAL DUE -
:2111.;11 - 0.00 0 . 00 0. 00 0. 00 2111 .11
In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does wa'Ive its right,or any right it might
have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
EQUIPMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,9 a total loss,will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
C"61-•FISM6R5 O IN0IANAPOt_15 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 - 566 - 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Render may collect damages together with reasonable attorney
fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
"Don't „ damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
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 wrth attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am - 5:30 pm • Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm
.
RENTED_'.-TO JOB'"LOCP,TION TICKET
CARMEL STREET DEPARTMENT # 503 BOYD 208
3400 WEST 131ST STREET Con# 242841
CARMEL IN 46074
Loc 100
<` -`>." SSN' PHONE 'DATE TIME
m.
W (317) 733-2001 OUT 09/13/12 9: 12 AM SAF
F (317) 733-2005
ID#3 ..:......::...:PO/JOB. #.' RECEIVED�"BY:
BOYD 208 BELL, .DARRYL RE TURNED 09/13/12 1:56 PM SAF
***FINAL*** Page: 1
Q
NET
EXt'AMT AMT
TY'_.ITEM#
.MIN" HOURLY.. "OVNITE.F 8=11OURS" -,;'.:DAY*- i=-.:mWEEKr" 4 .F1EEK " wZ
1 2024-0002 CONCRETE PLANER 12" GAS 35HP 395.00 395.00
$345.00/4 395. 00 395. 00. 1586:"00 q,`'4,740. 00
12 043281001915 PAINT MARKING WHITE 20 OZ`SEY: :y;: 4 .50 54 . 00 8. 96 45.04
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 395. 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 45.04
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 19.7 5
BY RUNYON EQUIPMENT RENTAL. X -
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE I PROMISE THAT AS A CONDITION OF RENTING SALES TAX 0.00
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, DEPOSIT 0.00
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. TOTAL DUE 459.7 9
EQUIPMENT e"-; n r; CELL
LEASED BY X p'`,�g -';+ NZ,-, PHONE AMT BILLED 459.79
EQUIPMENT ;. , ; ,;;: ", _; 5 8:5 9
RETURNED BY X ""�.�f .. :`::i'Sk f"..� -�_. RENTAL FEES DO NOT A1*Lf�6 Pbkl-IAS %%
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use,Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon`)of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of.and hold Runyon harmless for,property damage and personal injuries;including death and dismemDerment.caused by the equipmen_and/or ansir:g out of Runyon's negligence.
Customer shall Indemnify and defend Runyon against ano hold Runyon harmless from any and all claims,actions,suits,proceedings.costs,expenses;damages and liabiltes including attorneys fees which(1)relate'0 injury or to destruction of
property or bod:y injury,illness,sickness,disease or death of any person(ndudirg employees of Customer),and(2)ara caused by.or claimed to be caused,in whole or in pat,by the equipment leased herein or by the haod:t,or conduct(including
active,passive,pri-ary or secondary)of Customer.its agents or employees,or anyone for;whose acts any of them may,be liable.Customer shall,a:i's own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Ruryor,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 steal!be liable and responsib:e for all costs,expenses
and attorney's fees incurred in such deferse and.-or settlement,judgment or other resolu€ion. In the event that such action is commenced naming Runyon as a parry Runyon may elect to defend sa'd action on its own behaF and Customer agrees
that it shall De abla for all costs,expenses and attorrey's fees incurred by Runyon In such defense.
4.Rental Charges and Terms. Equipment with heir—elers s al`:owad eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage daring the eight(8)hour shift. If Customer runs the equipment for over 8
hours in one Jay;Custo^er w L'be charged for extra hours on equipment.Ore day is 24 hours or eight(8i hours Turning time 16 hours running time in 24 hours=a 2-day charge 24 hours running time ih 24 hours=a 3-day charge
5.Future Rentals.Customer acknowledges that the Terms of this Agreement will be deemed to apply to a!Equipment Customer may rent or purchase from Runyon,whether on the date of this Agreement or at any time in the future texcept only
as to any Equipment and/or other items wit-)respect to,which Customer executes a r:ew Agreement).
6.Prohibited Uses. Use of the equipment if.the following circumstances is prohibited and constitwes a breach of this Agreement:(a)Use for illegal purpose or in an iI'egal manner,(b)Use wher the equipment is in bad repair or is unsafe;(c)
Improper unintended use or misuse:(d)Use by anyone other:hoc Customer or its employees,without Runyon's written permission:(e)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels.Ali eau s full of fuel wren rented to Custorner and must be returned to Ruryor full or additional charges 1f apply Also use of alternative fuels(B.odiescl.E85.etc;in Runyon equipment is prohibited.Custorer is
liable for all damages ad repairs that result from alien atwe fuel. Punyon checks the o,leve,in the equipment when it is rented tc Customer Maintenance of proper oil level in the equip^ent is solely the responsroiir,'of Customer
8.Repossession.Upcn a'a iu'a to pay rent or other breach of this contract,Dearer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall hot be:table for any claims
for damage qr trespass arising out of the removal ct:he goods.
9.Tires.Customer s totally responsible for all tire repair his Customers option t0 check over the tees before the eq:-npment leaves and notify Runyon of any irregular ties spotted
10.Insurance. Pldnyon's rsurance does not cover equipment while in Customers possession. Customer is responsible for insuring the equioment once it:eaves Runyon's property and ant'I it has been returned to Runyon's property and
payment has peen rece;.ed.EQUIPMENT'MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYONS i OCATiON OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILI-f
11,Cleaning Charges. E:;d.pment is to be returnee to Runyan as clean as when it left.A charge of sixty-five dollars(S65 00)per hour wll be charged for cleando,
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,but will remain bound by aP obligatons herein.Cds'omer may net sublease or loan the egwpmecf without
Runyon's written permission.Any purported assignment by Customer is void
13.Time of Return.Customers raht to possession terminates on ma expiration of the rental period Due!n'date&time)and retention of possession after this time constitutes a material breach of th s Aareament Time is o'the essence in this
Agreement.Any extension must be mutually agreed upon it writing.
14.Late Return.Title to equipment is and shat at all times remain.with Runyc,t.Failure to return the equipment by the"Due In'date will subject Customer to a charge of conversion(their)
15.Time of Payment.Accounts are due and payable at the termination of the rents!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 i'z)percent per moan addea 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 parry to enforce such provision thereafter.
18.Damage Waiver.In consideration of the payment of additional rent classified as'damage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the
rental property normal damage To be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5`6 of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage.theft or other gross negligence of Customer This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its
rated capacdy,or damage to ores,tubes and:•fieels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.Its understood the amount paid is nor.an insurance premium,and that this provision does not
represent an insurance policy or an agreement tc 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 to,any damage to or;ss of the goods,regardless ci cause.except reasonable wear and tear,while the goods are out of Runyon's possession.Equipment lost,stolen or damaged
beyond rape?wit:be paid for at its current list price plus trio cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repaxs will be borne by Customer,whether performed by Runyon,or,at 9dnyon's option:,by others,at a
charge of sixty-five collars($65.00)per hour plus parts.
20.Severability.The provisions of this Agreement sha I Lie severable so that the.nva!idty;unenforceabil!ty or waiver of any of'he provisions shall not aftec'*.he remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible`or loading and un:oadmg equipment. If Runvoe s employees assist in loadirg or unloading the equipment,Customer agrees to assdn'e the nsx of and hold Runyon anal/or its
employees narm!ess for any property damage or Dersonal injuries,including ea-age and personal injuries attributable to the negligence of Runyon.
22.Property Damage.Runyon is not responsib e Ter any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23.Fees,Licenses,Permits.Taxes and Fines.Cdsiomer shat!be solely responsible for payment of any fees,licenses,permits,',axes or fines,required by or r esulung fro,,the Customer's use or operation of the equipmem'.
24,Charges.Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minirncm charges Only and trial no raunc or reimbursement is due Customer in the event that fewer
days art mires are actually used.
25.Other Liability.Customer assumes all risks Nom the imprope�use of the equipment.Customer is responsible for damages to Customer's prooerty or goods in storage or in transit,or for any property felt or stored it the equlpmt or elsewhere
in the renteg location.Customer agrees not t0 nold Runyon liable for camages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases anc holds Pinyon,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 aI:fines,penalties and forfeitures imposed by
any governmental entity,arid,to the extort not covered by insurance.airy calms or liabilities to third parties arising out of the abandonment,conversion,concealment or unacfhorizec sale of the equipment by Customer,or its agents or employees.
or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense it excess of the li^ins of liability provideo for herein as a
resu't of ill ceath or property damage wising out of Customer's use of'ha edmpment Neither Customer nor any other user of the egwprrl shall be deemed the agent.servant or emp€oyee of Runyon for any reason or ar-y purpose.During
the terra of this Agreement,Customer assumes full responsibility for the equ prrent to the public and any regulatory body having jursdiction
26.Delivery/Pick Up.Delivery is made to closest poin:truck can park.Extra charges will result in deliveries to upstairs,e-evator use or any point where extra time is involved.Our service does not include set up and knock Jow;r of tables and chairs.
If this service is required,arrangements should be made several days prior to delivery with a special charge quoted If no arrangements are made and this service is desired on delivery,our driver must call for authorzaton,if time permits,we will
try to acccmmeda;e 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,tab es and chars wig 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 writ result if rental items are still up.
27.Waiver of JuryTrial•Each party war ves'1s right to a jury trial of any claim or cause of action based on or arising out of the agreement or the subject matter hereof.This waiver pertains to all disputes that may relate to the subject matter hereof.
including v;ithout 1initatior,contract,tort,beach of duty.and all other common law and statutory claims,and will not be subject to any exceptions.Each parry(Al understands that this is a waiver of impor'ar,t leaa!Hants and(B)ackr,o;:iadges that
ha/she!h has had a reasonable opportumly to discuss the,va!ver and its effects with legal counsel.Accordingly,each party knowingly,voluntary,irrevocably and unconditionally waives its ury Trial rights.
28.Tickets,Fines and Penalties.You agree to fury anal promptly pay aI:fines,penalties.parking tickets,tkra c tickets.rolls.court costs,attorneys'fees and other oharges assesses during the Term in connection with the use,parking,storage,and!
or possession of the Equipment,regardless of*,he identity or the driver of any vehicle Yeu rent from Us.
29.Trailers and Towing,The customers responsible for inspecting and maintaining the trader coupling mechanism,safety chairs,all tie downs,pins and fights:r a safe and secure pond¢on,,,,hire in their possession.Customer agrees not to tow
any Ira ter rented from LESSOR.'DEALER;a;.in a careless or neg:igent manner(b)at excessive speed or;c}tvrn!e under the influence of medication,alcohol,or illicit drugs.
30.Headings.The headings used herein are sorely for convenient reference and shall not be used to construe or affect the irterpreta:ion of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also goverr:ed by the Parties'Equipment Purd-ase Agreement. If the Equ'pment Purchase and the Terms and Coni ens previously enumerated are incons stet I !hen the leans from the Enuipn:e t P;,chase Agreement prevaa.
AS-IS—NO WARRANTY:THE WARRANTY IS-HE SOLE AND EXCLI S!VE WARRANTY APPL'CABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,;NCLUD'NG;WIT H OUT LIMITATION,THE IMPLIED
WARRANTIES OF MERC ANT.ABIIJTY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OFTHIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR.AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE=0R ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW Or CONT;PAC-S OR TORT,
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for all shipping costs when retuning or exchanging an item to Runyon,unless the product has been damaged during shipping This policy also applies to warranty returns.As
stated n the Runyon"Return Policy"wher,�ustomers return an item or items for credit,a 25`�restoddnc fee will be charged to your account,plus all app:icane inbound and outDound fire gtnt.This policy also applies to shipments refused and:efurnod.
All cancellations of whole goods are subject,to a 25%;of total invoiced order)cancellation fee on in stock items from Runyon locations ONCL Return shipping of the product is not refurdapde.All parts purchases are non refundable.Any shipment
received in conditons other than bran new will oe charged 510',;restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's respons bii'y fo report any damages.'shortages within 48 hours
of receiving the product.Runyon will not accept claims 48;tours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return.Authorization(MRA),Runyon will instruct customers as to the best means of
returning merchandise.Runyon's MRA's are yet;d for 30 days after issuance,MRAs are riot valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue at,,MRA for returns on used or damaged products Any
freight related damage mast be rated or,lie signed&;1 of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Se,ier represents and warrants that:(a)Seller has all necessary night,power and authority to sitter into and perform the transactions referenced herein.(b)Seller has good and marketable title to the
Equipment and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,it any,to be retained by Seller should Selzer,at its sole option.,elect to finance all or any portion:of the Purchase Price!.Buyer
represents and warrants that:O Buyer has all necessary right;power and authority to enter into and perform the transactions referenced herein;iii)Buyer has selected and carefully inspected and examined the Equipment and'ound:he 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(ia)Buyer has received,carefully reviewed and is satisfied w'i'h,all available training,instructions operating and
user manuals,and other information(including al!training required under applicable OSHA anc'or ANSI Standards,if any)regarding the proper anc sale transportation,use maintenance,repair and storage of the Equipment.
1'A
In consideration of the payment of additional rent classed as'damage waiver'by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
® have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
A property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
EQUIVMENT KENTAL 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
LAW6L e FISHE7-5•W DIMAPOLIS 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 wAh reasonable attorney
fees,court costs and interest of one and one hat(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it Is understood that Renter shall be held responsible for any accident or
damage resulting directly or Indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
Don't be a tool- Rent one- warranties of merchantability or fitness for a particular.purpose,and neither assumes nor authorizes any other person to assume for It any liability connection with the
use of this equipment The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment
Open 7 Days a Week Monday-Friday 7:00 am -5:30 pm•Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm
RENTED TO -"JOB LOCATION- TICKET"'#":`
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 242699
CARMEL IN 46074
Loc 100
.._= _ _
SSN r." , PHONE= DATE... -_ „"T
W- (317) 7332001 OUT 09/12/12 8:44 AM WH
F (317) 733-2005
ID#3 PO/JOB # RECEIVED. BY
SHOP MIKE WILLIAMS R TURNED 09/13/12 2 :13 PM SAF
***FINAL*** Page: 1
QTY. ITEM# "
AMT I
MIN' , "HOURLY., OVNITE ",. 8-HOUR. DAY'--" 'WEEK:' ..4:WEEK;:'
1 5048-0003 OVERSEEDER 19" PATH 50# 230. 00 230.00
$90.00/4 115. 00 115.00- :575:-00: 1725. 00
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 230.00
Customer is liable for all damages&repairs that result from alternative fuel
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 0.00
FULLY UNDER STAND 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 11.50
BY RUNYON EQUIPMENT RENTAL X
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE I PROMISE THAT AS A CONDITION OF RENTING SALES TAX 0.00
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, DEPOSIT 0.00
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. TOTAL DUE 241.5 0
EQUIPMENT ..; _ CELL
LEASED BY Xm+ ' PHONE AMT BILLED 241.50
EQUIPMENT RETURNED BY X . . - RENTAL FEES DO NOT PLY IU CHA &38 :56
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
nctions 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 aspect 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 Ilia equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon`)of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of and Fold Runyon harmless for,property damage and personal Injuries.including death and d smembern•ent.caused by the equipment andror ansirg out of%riyot's negligence.
Customer small ,demnify and defend Runyon against and hold Runyon harmless from arty and all claims,actions:suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which 11)relate to injury or to destruction of
property or bod y inlay ilr,ess.sickness;disease or death of any person(including employees of Cus'emer),and(2)are caused by.or claimed to be caused:in whole or in part,by the equipment leased herein or by the liability or conduct(including
active,passive,prig ary or secondary)of Customer its agents or employees,or anyone for:whose ads any of them may be liable.Customer shall,a:its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Ruryor,is alleged to be liable o,responsible as a result of or arising out of the equipment,or any alleged ad or emission by Runyon,and Customer shah be liable and responsible for all costs,expenses
and attorneys lees incurred in such deferse and,,or settle^lent.judgment or other resolution.In the event that such action is commenced naming Runyon as a parry.Runyon may elect to defend said action on its own behalf and Customer agrees
than-d shall be:'able for all costs,expenses and affo,rey`s fees incurred by Runyon in such defense.
4.Rental Charges and Terms.Equipment with hoir!-eters is ai'oved eight(81 hours use within a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour sh;ff.If Customer runs the equipment for over 8
hours in one day,Custo"er will be charged for extra hours on equioment,Ore day Is 26 hours or eight(8)!tours 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 Terris of this Agreement will be deemed to apply to a'I Equipment Customer may rent or purchase from Runyon,eyltefhar on the date of this Agreement or at any time in the future(except only
as to any Equipment a dr'or other items won respect to which Costumer executes a ruw Agreement).
6.Prohibited Uses. Use of the equipment it the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner:(b)Use wher the equipment is in bad repair or is unsafe,(c)
Improper,unintended use or mis:.se:(d)Use by anyone offer trial-Customer or its employees,without Runyon's wr:Ven permission;(e)Use at any location other than the address furnished Runyon without Runyon's w°itten permission.
7.Fuel and Oil Levels.Al:aG:a inert s full of fuel w-i rented to Customer and must be retired to Runyon full or additiona!charges will apply.Also use of alternative fuels iB_od+esei.E85 etc.)in Runyon equ pment Is prohibited.Customer is
liable for all damages and repairs that result`ram anal rar+ve fuel. ?:nyon checks the o levei in tee equipment when It is rented to Customer. Me nterance of proper oil level in the equipment is solely the responsib 5y of Customer
8.Repossession.:;pcn a a'u,e to pay rer;or othe•,reach of tr,s contract.Dea er may terminate this conract and take possession of and remove the coeds from wherever they are,and Dealer and his agents sha!I not be::able for any ciai-s
for damage or trespess ansinc-ut or ti-le remove:of:he goods.
9.Tires.Cus:gmer s totahv respons ble for all tire repo r it is Customers option?o check over the t:,es be-"ore the equipment leaves and notify Runyon,of any irregularities spotted.
10.Insurance. Runyon's=hsurance does not cover equipment while in Customer's possass:on. Customer is responsible for insuring the equipment once it leaves Runyon's proper-y and until it has been returned to Runyon's property and
payment has oxen:ece'ved ECUIPMENT MAY ONLY BE RETURNED DURING NOP.–MAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSiBIl
11,Cleaning Charges. 6 u:p•^ant is to be returnee to Runyon as clean as when it let, A charge of sixty-five dollars($65.00)per hour will be charged for cleanup.
12.Assignments.Subleases and Loans of Equipment.?dnyon may assign Its rights under this Agreement without Customers consent,out will remain bound by all obligations herein.Customer may not sublease or loan the equipment without
Runyon s latter perr,!ssudn. any purported assignment!by Customer is veld.
13.Time of Return. Customers ngttt to possession termnates on the expiration of the rental period('Due!n'date&lime)and retention of possession after this time constitutes a material breach of this Agreement.Time is o`the essence In this
Agreement.Any exferisior mist be mutually agreed upon it writing.
14.Late Return.Tile to equipment is and steal;at all times remain w th Runyon.Failure to return'.he equipment by the"Due In'date will subject Customer to a charge of conversion(theft).
15.Time of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and
interest of one and one half(1 ie)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement Is to be construed under the laws of the State of
Indiana and that f'egal action is brought to enforce lh:s 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 falure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18.Damage Waiver.In consideration:of the payment of additional rent classified as'damage waiver-'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the
rental property normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver'does not include damage or'oss 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 tie equipment exceeding its
rated capaat,:or damage to tires.tubes and,:heels caused by blowout,cruises,cuts,punctures or other causes inherent in the use of the equipment.It Is understood the amount paid is rid'an insurance premium,and that this provision does riot
represent amrsurance 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'oss of the goods,regardless o`cause,except reasonable wear and tear,while the goods are out of Runyon's possession.Equipment lost,stolen or damaged
beyond repair evil:be paid for at its curent list price olus the cost of rentai 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+anyon s ocher.,by others.at a
charge of sixty-"rive collars($65 Chi per hour plus pa-s.
20.Severability.The provisions of this Agreement sha'1 be severable so that the iiva idly,unenforceability or waver of any of the provisions shall not affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible`or loading and unloading equipment. If Runyon's employees assist in leadirg,or unloading the equipment,Customer agrees to assume the risk of and hold Runyon ardlo,its
employees nor–less for any property damage or personal njunes,ncluding damage aid personal Injuries attributable to'he negligence of Runyon,
22.Property Damage. Runyon is not responsible ter any damage,whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23.Fees;Licenses,Permits,Taxes and Fines. Cus orner shall oe solely responsible for payment of any fees,licenses,Penn is,taxes or fines,required by or resulting from the Cusomer's use or operation pf the equipment.
24,Charges. Customer shall pay ail charges req+roc under this Agreement upon demand.Cis men agrees ilia'mileage and dine charges are minimum charges only and that no re€und or reimbursement is due Customer in the event trial fewer
days and-:r mr as are actually used"
25,Other Liability.Customer assumes all risks from the Improper use of the equipment-Customer is responsible for damages to Customers property or goods in storage or in transit,or lot any property left or stored is the fie Lipmem.or e;sewhere
in the rem;ig location Customer agrees not to told Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases ano holds Runyon,its agents and employees
harmless from and against any and all losses,liabilities.damages,injuries,claims,costs arid expenses arising out of Customer's use or possession of the equipment,including,but not limited to any and al fines,penalLes and forfeitures imposed by
any govermmegta'entity,and;to the extert not covered oy.nsurance,any c.a ms or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer.or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense ire.excess of the limits of liability provideo for herein as a
result of injury,death or proper:f 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 Ruryor for any reason or ahy puroose During
the tern of this Agreement,Customor assumes full responsibility for the eyu:pstent to the public and any regu atory body having jurisdiction.
26.Delivery/Pick Up-Delivery is made to closest point truce can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knock down of tables and crairs.
If this service is required,arrangements should be made several days prior to delivery with a special charge quoted If no arrangements are made and this service is des:red on delivery,our driver must call for author zafon.if time permits,we will
try to a ommedate you after quoting the price.Or,pick up where no prier arrangements have peen made and rental gems are not knocked down and assembled in one sheltered area,tables and chairs w+:I be+eft until the next day sateen a specal
crew cat be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up.
27.Waiver of Jury Trial,Each party waves is right to a`c y'rial of any clam or cause of action based on or arising out of this agreement or the subject matter hereof,This waiver pertains to all disputes that may relate to the subject matter hereof
including.without'imnatiov,contract,tort,beach e`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 lega rights and i Bt acknowledges that
heishe.'ii has had it reasonable opporturity to discuss M s;:aiver and its effects with legal counsel.Accordng y,each party knowingly,voluntarily,irrevocably and unconditionally waives its ury trial rights.
28.Tickets,Fines and Penalties.You agree to fuly and promptly pay all fines.penalties.parking tickets,traffic tickets.tolls court costs,afomeys'fees and other charges assessed during the�cfm in connection•filth the use,parking.storage,aridi
or possession of the Equipment,regardless of-he!den':ty of the driver of any veh cle You rent from Js.
29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chairs,all tie downs,pins and'!ghts in a safe and secure condition while n their possessor.Custorei agrees not to tow
any tra ter rented from LESSOR'DEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medication,alcohol.or illicit drugs.
30.Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales a_also governed by the parties Ecuipme^I Purchase Agreement.If the Equipment Purchase and tin Terms and Conditions previously enumerated are inconsistent.then rte terms from the Eccpmarit Purchase Agreement prevz 1.
AS-IS–NO WARRANTY:'HE WARRANT f.S THE SOLE AiJO EXCLUS VE WARRANTY APPLCABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR Itv1?LIED WARRANTIES.iNCLUDiNG,WIT OJT LaIITATION,THE IMPLIED
WARRANTIES CF MERC-ANT.ABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES W11 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-1HEOR:ES OF THE LAW OF CONT:RAC"S OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is cable for ail shipping costs when retumirg 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 Punyon"Return Policy:°when Customers return an item or Items for credit,a 25%restocking fee will be charged to your account,plus all applicable inbound and outoound 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.Ail parts purchases are non refundable Any shipment
received in conditiors other than brand new will be charged 50%restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the cus gmer's respons.bi ay to report any damacies.'shortages within 48 hours
of receiving the product.Runyon will riot accept claims 48:hours after delivery.Runyon will not accept return;without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of
r etamrhg merchandise.Runyon's MRA's are valid for 30 days after issuance,MRAS are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any
freight related damage must be noted on Me signed Bi;l of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is trial.
REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein:(b)Seller has good and marketable title to the
Equipment:and(c)on the Transfer Data Seller will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Selier,at its sole option,elect to finance all or any portion of the Purchase Price'.Buyer
represents and warrants that:6)Buyer has all necessary nigh`power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller,and(iii)Buyer has received,carefully reviewed and is satisfied:with,all available training.Instructions operating and
user manuals,and other information(including aP training required,under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
In consideration of the payment of additional rent classified as'damage waiver'by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
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
CQUIVM£NT 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
GAW61-•ASHEF-5•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 - 566 - 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 hat(11/2)percent per month added to accounts over ten(1 D)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a toot- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm • Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm
.
RENTED":TO. JOBtOCATIO,W,.;
TICKET
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 242586
CARMEL IN 46074
Loc 100
SSN.'°`' ' . PHONE=" " DATE. : ;TIME
:. _ ' _
W (317) 733-2001 OUT 09/11/12 9: 17 AM MS
F (317) 733-2005
ID#3 r_..PO/JOB, # -:RECEIVED""_BY:r, "•,'.:..:.:".?.';`
HICKS,, JEFFREY D R TURNED 09/13/12 2 :13 PM SAF
***FINAL*** Page: 1
QTY ITEM# .
EXT AMT:. NET AMT
. . .,.. . ..
MIN - .HOURLY" "OVNLTE°:`_;.-.8 HOUR. ' DAY WEEKi 4 "WEEK.:'_ :<",i
1 5048-0004 OVERSEEDER 19" PATH 50# 345.00 345.00
$90.00/4 115.00 115.00 57500".,1=1 725.00
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 345.00
Customer is liable for all damages&repairs that result from alternative fuel.
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 0.00
FULLY INDERST AND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 17.25
BY RUNYON EQUIPMENT RENTAL. X '
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Add1 TAX 0•00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING SALES TAX 0.00
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, DEPOSIT 0.00
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. TOTAL DUE 362.2 5
EQUIPMENT CELL
LEASED BY X PHONE AMT BILLED 362.25
EQUIPMENT 13-S E P-12 14 :3 9:2 6
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
nctions 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 i'has nad an opportunity to personally inspect the equipment and finds it suitable;or its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its
duty to nspeot the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon-)of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of.and hold Runyon narmless for,property damage and personal injuries.including death and dismemberment.caused by the equipment andror arising out of Runyon's negligence.
Customer shall indemnify and detend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorneys fees which it)relate to injury or to destruction of
property,or bodily injury,.1iness sickness,disease or death of any persor'ncludirg employees of Customer),and(2;are caused by or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including
active,passive,primary or secondary)of Customer,its agents or employees,or anyone fo^.whose acts any of there may be liable.Customer shall,a:its own cost or expense,defend Runyon against all suds or proceedings commenced by anyone
in which Runyor is a named party for which Runyor is alleged to be Gable or responsible as a result of or arising out of the equipment,or any alleged ac or omission by Runyon:.and Customer shalt be liable and resporsi5 e for all costs,expenses
and attorney's lees incurred in such deferse andlor sethorrent,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;!shall be liable for all costs,expenses aria aftorney's fees incurred by Runyon in such defense
4.Rental Charges and Terms. Equipment with heir stars s allowed eight(8)hours use within a 24-hour period of time Rental rates for equipment are based on usage during this eight i8)nour shift If Customer runs the equipment for over 8
hours in one day;Customer w 11 be charged for extra hours on equipment.Ore day is 2'-hours or eight(81 hours running time 16 hours funning time:n 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge.
5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to as Equipment Customer ray 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 andlor other items with respect to:which Customer executes e new.Agreement'
6.Prohibited Uses. Use of the equipment it the fo owing circuns'ancas is prohibited and constitutes a breach of this Agreement:(a)Jsa for illegal purpose or in an illegal manner:(b)Use whet the equipment is in bad repairer is unsafe;(g)
Improper,unintended use or mi a.sa:(d)Use by anyone other Cher Customer or its employees.'without Ruryon's wrten permission;(e)Use at any location other than the address furnished Runyon without Runyon's written permission.
7,Fuel and Oil Levels A!:equipment:s full of fuel when ented to Customer and must be returned to Runyon ful':or adddiona:charges wal apply.Also,use of alternative fuels(Blodiesel.E85 etc.)in Runyor equipment is prohibited.Customer is
fable for all damages and repairs that result`rom alto!native fue'.?unycn checKs tae o:love'in the equipment when it is rented to Customer Ma€atenance of proper oil level in the apupment is solely the responsib illy of Customer
8.Repossession.:bcn a'a;ure to pay fort or other oreach of this contract,DeR er may ta-minate this coc'ract and take cossession of and remove the goods front:wherever they tie,and Dealer and his agents she];not be!;able for any claims
for damage or trespass aruirc gut of file remove cf:he goods
9.Tires.Customer s,0'aliy responsible for all tire repair.u,s Customers ooton to check over the ties before the eg!ipmeit leaves and notify Runyon of any irregularities spotted.
10.Insurance, Rinyoiis insurance does not cover equipment while it Customer's possession Customer is responsible for insuring the equipment once it leaves Runyon's property and anti it has been returned to Ruryofs property and
payment has been received.EQUIPMENT MAY ONU°BE R=TURNED DURING NORMAL BJSINESS;OURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REI N5 THE CUSTOMERS
RESPONSIBILITY.
11.Cleaning Charges, Et u.p•nont is to be Lehi,nec to Runyon as clean as when it left.A.charge of sixty-five dollars(S65 00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,ofd 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. Customers r:gnt to possession terminates on tae exoirat:on 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 extenl must be mutually agreed upon:r writing.
14.late Return.Title to equipment Is and shat'a 0 times remain w^;h Rurry-W..Failure to re,urn'he equipment by the"Due in'date will subject Customer to a charge of conversion(theft).
15.Time of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs.Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and
interest of one and one halt(1 42)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 junsdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17.Waiver.Any failure by either party to enforce any provision of this.Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18,Damage Waiver.In consideration,of the payment of additional rent classified as"damage waive%by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the
rental property.normal damage to be determined by Runyon Customer shall pay upon return of property ferried a sum equal to 51i cliental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage theft or other gross negligence of Customer.This damage waiver shall not apply to reckless.careless or abusive operation or use of the equipment.use or operation of the equipment exceeding its
rated capacity,or damage to fires,tubes and wheels caused by blowout,orwses,cuts,punctures or-other causes inherent in the use of the equipment.It is understood the amount paid is no,an insurance premium,and that this provision does not
represent art irsurance policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon s rental rates.They are extra.
19.Damaged.Dirty;or Lost Equipment.Customer agrees to pay for any damage to or toss of the goods,regardless o`cause•except reasonable wear and tear.while the goods are 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 tip 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 Rinyen's option:.,by others.at a
charge of sixty-five oollars($65.00)per hour plus pars.
20.Severability.The provisions of this Agreement shat:be severable so that the invaiidiry,unenforceabildy or wfaver of any of the provisions shall not affect the remaining provisions.
21.Loading and Unloading Equipment, Customer is respons,bie'or loading and unloading equipment. If Runvor's employees assist in loading or unloading the equipment,Customer agrees to assume the nsa of and hold Runyon ardfor its
emp'.oyees nar^less for any property damage or personal injuries,nclud:rg damage and personal injuries attnoutable 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 sha:l be solely responsible for payment of any fees,licenses,per taxes or fines,required by or resulting fro^tie Customers use or operation of the'eguipmenf
24.Charges.Customer shall pay ail charges requires under this Agreement upon demand Cis:omer agrees the'mileage and time charges are minimum charges only add that no re`,und or reimbursement is due Customer in the event Ihat fewer
days ariclor mfes are actually used.
25,Other Liability.Customer assumes all risks from time 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 is the egL;pment.or e:sewhere
in the ranting location.Customer agrees not to hold Runyor,liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon its agents and employees
harmless'rom and against any and all losses,liabilities.damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,including,but not limited to any aria ai'fines,penalties and forfeitures imposed by
any governmenta entity,and,to he extent not covered ply insurance,any c•a ms or liabilities to third parties arising out of'he abandonment,conversion.concealment or unauthorized sale of the equipment by Customer,or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess o'the limni!s of liability provided for herein as a
result df injury.death or property damage wising out gf Customer's use of he 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 tern of this Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26.Defivery/Pick Up.Delivery is made to closes'paint truck can park Extra charges will result in deliveries to upstairs,e-evator use or any point.where extra time is involved.Our service does not include set up and knock Bowe of tables and chairs.
If this service is required,arrangements should be made several days prior to de Ives:with a special charge quotes If no arrangements are made and this service is desired on delivery,our driver must call for authonzabon,if ti^e permits,we will
try to accommodate you ater quoting the price.On pick up where no prior arrangemeris have been made and rantai items are not knocked down and assembled in one sheltered area,tab_es and chairs w!be left until the next day when a special
crew can be scheduled.There will be an additional one day rental.A knock do:wi fee will result if rental items are still tie.
27.Waiver of Jury Trial.Each party waves fs right to a ury trial of amt claim of cause of action based on or ansing out of this agreement or the subject matter hereot.This waiver pertains to all disputes that may relate to the sub;ect matter hereof.
including vrthout imitator,contract,tort,breach o'duly and all other cominor law and statutory claims,and will not be subject:to any exceptions Each parr;(A)understands that this is a waiver of important leap:rights and(B)acknowledges that
he/sha/4 has had a reasonable opporturity to discuss the e:ahlor and its effects alto regal counsel,According:;;each party know'ngiy,voluntarily,irrevocably and unconditionally waives its;ury;cal rights
28.Tickets,Fines and Penalties.You agree to fu:1y and promptly pay ail fines,perai'aes.park rig tickets,traffic tickets.Mils,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 anv weh:cle Yo;rent from Js.
29.Traiters andTowing,The customer;b responsible for inspecting tied maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights ins,a safe and secure condition while is their possession.Customer agrees not to tow
any haler ranted from LESSOR.'DEALER(a)in a careless or neg;iaent manner(b.of excessive speed or ci wilt a 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 constn.e or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also yavemed by the Dairies Equipment Purchase Agreement.If he Equipment Purchase and the Terms and Cgngitons previously enumerated are inconsistent then line terms from the Equipment Purchase Agreement preval.
AS-IS-NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLuS:VE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE=0R ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES APISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTONAIER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE iAVr'OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is.able 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:n the Runyon"Return Policy"when;customers return an item or items for credit,a 25i restocking fee will be charged to your account,plus all applicaU e inbound and outbound freight-This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject t0 a 25%(of total nvoicao order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable,All parts purchases are non re'unaab!e Any shipment
received in conditions other than brand ng;w will be charged 503,restocking fee of the total amoum..All returns must be properly boxed before they are returned,It's the customers responsibility to report any damage&'shorages within 48 hours
of receiving the prociia Runyon will not accept claims 48:mours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of
return:,g nmerchaed=se Runyon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any
freight related damage mast be noted or,the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is rural.
REPRESENTATIONS AND WARRANTIES:Seiler represents and warrants that(a)Soler has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable title to the
Equipment;and(c)on the Transfer Data,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
represents and:warrants that:(i)Buyer has all necessary righ`.,power and authority to enter into and pattern the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and;iii)Buyer has received,carefully reviewed and is satisfied with,all available training,instructions,operating and
user manuals,and other information(including al':training required finder applicable OSHA andlor ANS'Standards,if any)regarding the proper and sate transportation,use,maintenance,repair and storage of the Equipment.
In consideration of the payment of additional rent classed as'damage waiver"by the Rentee,Renter agrees to,and hereby does waive its right,or any right ft might
® A— have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
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 fires,tubes and wheels caused by blowout,bruises,cuts,punctures or
EQUIYM£NT 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
LARM£L•FISH£KS•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrenfaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 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-'. s JOB .LOCATIONrF"'
_
CARMEL STREET DEPARTMENT # 503 ROUNDABOUTS
3400 WEST 131ST STREET Con# 241861
CARMEL IN 46074
Loc 100
SSN _ :PHONE>=, DATE• TIME
W (317)5733-2001 OUT 09/05/12 9:20 AM TT
F (317) 733-2005
;.,,
ID#3 PO/JOB;z#. :. � : ::"``-`;.'.:y:'',RECEIVED'`:BY.. :.:..::wz:. :' •:,,,: ._,.�.: -'-.,;
ROUNDABOUTS OTTINGER, MARK A R TURNED 09/07/12 2 :32 PM MS
***FINAL*** Page: 1
TY .ITEM
Q #
,;-«,. :.:....::..::`:.: �. �°" °u� �, -�'. -EXT• AMT=' NETv'AMT
L r-:,. :=Y
-,..
,. -MIN:: ..-)HOURLY.;.:OVNITE=•, -.8�."HOUR`,'>�5"" ��`DAY : .WEEK ,4'%WEEK
1 5048-0003 OVERSEEDER 19" PATH 50# 345. 00 345. 00
$90.00/4 115.00 115. 00 5:75:00;:,_`1725. 00
1 5048-0005 OVERSEEDER 19" PATH 50# 345. 00 345.00
$90. 00/4 115:°0.0 ;;1T5.;0'0 575. 00 1725..00
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YQU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyan Equipment Rental,equipment is PROHIBITED. RENT 690.0 0
Customer is liable for all damages 6 repairs that result from alternative fuel
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 0.00
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I OTHER 0.00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X DW/FEES 34.50
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING SALES TAX 0.00
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, DEPOSIT 0.00
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR TOTAL DUE 724 .50
EQUIPMENT °`..�7>a t°:' ;F rw CELL
LEASED BY X ,-{•-i:if y! .z;'if=;`:s._ PHONE AMT BILLED 724.50
EQUIPMENT ': i ;, . - 3-3
RETURNED BY X .:;_..�-- �:}; 1... -. RENTAL FEES DO NOT fL1� 8PiCHAS'E`�:
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 i'has had an opportunity to personally aspect 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 nofify Runyon Equipment Rental Inc(hereinafter"Runyon-)of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of.and Fold Pinyon harmless for,property carnage and personal injuries.including death and dismemberment.caused by the equipment and/or arising out of Runyon s negligence
Customer shall indemnify and dafend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceed ngs.costs,expenses,damages and fiabildes including attorney s fees whim(1)relate to injury or to destruclon of
proper iy or bod y injury,illness,sickness,disease of death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including
active,passive,primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,ai 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 liab':e or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyor.,and Customer s[,all be liable and responsible for,all costs•expenses
and attorney's tees incurred in such defense andtor sett e-grit judgment or ether resolution. In the event that such action.is dommatcad naming Runyon as a party Runyon may sleet to defahc silo action or,,its own behalf end Customer agrees
that it shall so'able for all costs,expenses and attorney's fees Incorrect by Runyon:,-.such defense.
4.Rental Charges and Terms. Equipmer vvith hour^ale s s al'aved eight(d)hours use wifhiq a 24-hour period of time. Rental rates for equipment are based on usage curing this eight(8)hour sn:ff if Customer runs the equipment for over 8
hours in one dal;Customer vi!I be chi ged for extra hours on equipment.One day is 24 hours or eight(8)hours vnr.ing tinge. 16 hour s running time in 24 hours=a 2-day charge 24 hours running time;r.24 hours=a 3-day dharge.
5.Future Rentals.Customer acknowledges that the.arms of lh s Agreement will be deemed to aopiy to iii Equipment Customer may rent or purchase from Runyon,whether on the;ate of this Agreement or at any time in the future!except only
as to any Equipment andr'or other items twit)respect to which Customer executes a ne:w Agreement).
6.Prohibited Uses. Use of the equipment it the following circumstances is prob:bled and constdtres a breach of this Agreement:(a)Jse 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 mar CCStpmer or its employees.without Ruryons written permission:'a)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels Ab 2gcpmenf is tell of fuel when ranted to CcstoMr and must oe returned to Runyon full of addtigra:dFargas will app Also I se of alternative tsars iB:odiesel.E85 etc.)in Ruryron acu;p ant as prohibited.G for far is
fable for all damages and repairs that result from anemative ft.e'.Punycn checks Ito or leve!in the equipment when it:s r tinted to Customer. Nla nterartde of proper oil level in the equip-ent is solely the respcnsitolr,of Customer.
8.Repossession.upon a`a u,e to pay refit or other preach or tr s contract,Den er may terminate this contract and laKe ppssessior cf anc remove the goods from`.vhereverhey are,and Dealer and his agents shalll not be'iable for any claims
for damage or trespass gismo,u:of fr:ere:movai of:he^ycous.
9.Tires. Customer s totally responsible for all tire reps r it is Customer's option to rheck over the fries be-ore the eq:rp",ant leaves and ro:ify Runydp of any irreguiaaties s_otted.
10.Insurance. ?anycn's' rsurance does not cover equipment while in Customer's possessoh. Customer is responsible for insudrg the equipment once it:eaves Ranyon's pmpar:.y anal t vet'it pas been returnee to Ruryor,'s property and
payment has beer.race%led EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S_OCATION OTHER THAN NORMA BI SINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILI?Y.
11.Cleaning Charges. E.U.p!ent is to be retumeg to Runyon as clean as:;hen it left.A charge fit sixty-five dollars($65.00)per hos-w1l oe changed for cleanup
12.Assignments,Subleases and Loans of Equipment.?anyor inlay assign its rights under this Agreement wrhou'Customers consent,but will reman bound by ail ebligarons barren Customer may not sublease or loan the equipment without
Runyons written pemiiss;on. Any purported assignmert by Customer is void.
13.Time of Return.Customer's r qst to possession terminates on the expiration of toe rental period("Due[n"date&time)and retention of possessor a"er this time ccnsitutes a material breach of this Agreement Time is of the essence in this
Agreement.Any extension mu;be mutually agreed upon ir:writing.
14.Late Return.Title to equipment is and steal:at alt times remain witn Runyon.Failure is return the equipment by the"Due in'ante wif'subject Customer to a dnarce of conversion(theft",.
15.Time of Payment.Accounts are due and payable at the terminat on of the rental period.
16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement Runyon may collect damages together with reasonable attorney's fees,court costs and
interest of one and fare half(1 S'2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen It 8)percent.Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and lha t:egaf act!ort 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 night of either party to enforce such provision thereafter.
18.Damage Waiver.In consideration;of the payment of additional rent classified as°damage wave'by Customer,Runyon agrees to,and hereby does,waive's right,or any right if might have against Customer,arising from normal damage of the
rental property.normal damage io be determined by Runyon,.Customer shall pay upon return of property replan a sum equal to 59,of rental charge This"damage waiver"does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage,theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,care:ess or abusive operation or use of the equipment use fir operation of the equipment exceeding its
rated capac by or damage to ores,tubes and::heels caused by blowout,oru.ses,cuts,punctures or diner causes inherent in the use of the equ pent.It s understood the amount paid is not an insurance premium,and that this provision does not
represent an:,surance Policy o,an agreement'o 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 w cause,except reasonable wear and tear,while the goods are out of Runyon's possession.Equipment lost,stolen or damaged
beyond repG r it`ll:be paid for at its aurent list once plus the cost of enter up to the time of reporting the loss or theft to Runyon The cost of repairs will be come by Customer,robeihc�performed by Runyon,or,at RanyGn s oetior.,by others,at a
charge of sixty-Five collars(565.00)per hour plus par's.
20.Severability.The provisions of fr,s Agreement sha l be severable so that the;nva;idiy,unenforceability or waiver of any of the Drcv lions shall rot affect he remaining provisions,
21.Loading and Unloading Equipment Customer is r-sponsblp for loading and unloading equipment. if Runyor's employees assist in Icao ng fir unloading the equipment,Customer agrees to ass,ime the nsK of and'hold Runyon and/o•its
employees harmless for any property damage or ceisonal injuries,ncf:dirg damage and personal n uries allhbutab,e to the negligence of Runyon.
22.Property Damage. Runyon s riot respdnsit e fog a ty damage whatsoever as a result of on-the-job deliveries or pick-up oy Rupyor
23.Fees;Licenses,Permits.Taxes and Fines. CgSomer shai'be solely responsible for payment o`any fees,hcenses,perverts,:axes or fines,required by or resulting fro^ the Customers use or operation of:he equipment,
24.Charges.Customer shall pay a:l charges required under this Agreement upon fie^and.Costumer agrees the!mileage and tine charges are minimum changes only and twat no refund or rel nburse:merit is due Customer in the event that fewer
days and^dr mites are actually used.
25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's prooerty^or goods it,storage or in transit,offer any property 191 or stored in the equipmen',or elsewhere
in fie rer•::ng location.Customer agrees nor*o mold Runyon liable for damages from down time,materials or other consequential damages iesultmg from Ire use of the equipment.Customer releases and holds Runyon,its agents and employees
hartniess frorn and against any and all losses,iiabilit:es.damages,injuries,clams.costs and expenses arising Ot:t of Customer's use or possession of trio equipment,Inc.uding,but not limited to ary and ail fines,penalties and forfeitures imposed by
any governr,lanla entity,and,to the extent riot covered by insurance,any cams or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer or its agents or employees.
or for the cohfsca'ion of t''^.e equipment by any governmental authority because of illegal or,mproaer use.Customer shall addit;onally hold Runyon harm:ess for all loss,liability and expense it excess o'the limits of habdsty provides for herein as a
olive;cf inI!:ry.death far proper^;damage wising out of Customer's use of the equipment. Neither Customer nor any other user of the equipmen:shall be deemed trio egert serrnt or emp ovoe of Runyon for any reason or any purpose During
the ter"i pf!his Aaearre t,Customer asst rries'ull responsibility for the equ:pirenl to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delivery is made to closest point truer can park Extra charges will result in deliveries to upstairs,e,e^:ator use or any pont where extra:ime is Involved.Our service does not include set up and knock down of tables and chairs.
ff this sar ice is required,arrangements sho:lid be made several days prior to delivery:with a special charge quotec.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 acscrinnirldafe you arer au ring me price.Or pick up where no prier arrangements have been made and rental;:ems are no!Knocked doven and assembled tit one sheltered area.ladles and chairs wi;':be left unit the next day when a specia!
crew can bar scfieddled.Trere will be an additional one dap rental A knack down fee:vi:!rest it if rental items are still up.
27.Waiver of JuryTnal.Each party;sves fs right to a ury'nai of arly cia;m or cause o`action based on or ans;rg out of th s agreement or no subject matter hereof.This:waver pertains to as disputes that may relate to the subsct matter hereof
including.^rithout imitation,contract tort,beach o`duty.and all other common:law and statutory claims,and will not be subject to any exceptions.Eacn party(A)understands that this is a waiver of irtpor tans tega'rights and is)acknov;;edgies that
heishe'^i has had a r-easorab:e opportup.ty to discuss this wa^✓er and its effects with legal ccursel Accordingly each party krow ngly,volun'ar,ly,irrevocably and uncondit ovally waives its jury,;ral cchts.
28.Tickets,Fines and Penalties.You agrae to fu!y and promptly pay a!:finea pas ties.parking tickets,traffic tickets.fells,court costs,aterneys fees and other charges assessed during the Term in connection with the use,parktn^y.storage,and!
or possession of the Egapr-ant regarcfess o°the identify of the driver of any ceh cie Ya:rent from J5.
29.Trailers and Towing.The autorrer•s responsible for ins✓ectne and maintaining the trader coupling mechanism,safety chains,all tie downs,pins and tights in a safe and secure condd;on while in then possession Customer agrees not to fosv
app n er rented from LESSORiDEALER ra`in a careless or neg;gent manner ibi at excessive speed or(c)wni;e order the influence of medication,alcohol,or illicit crugs.
30.Headings.The headings used rieren are solely for convenient reference and shall rt be used to consirue or affect the^r.terpmtaiion of this Agreement
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales ale a's:^gbvev ed by:ho pal^e5 Eri,ipm=pf Purchase Agreement,if the Eqr pment Purchase and the T r-s and Conditions previo:,siy enumerated are incons stent.the,:the terms from the ERu'pc'ent Purchase Agreement e,eva'!.
AS-IS-NO WARRANTY:THE'NARRANTY IS THE SOLE AND EXCLUSIVE VARRANTY APPUCABL E TO THE EQUPMENT AND ALL OTHER EXPRESS OR IMPLiED WARRANTIES,iNCLUD!NG;WITHOJT LIMITATION,THE ItAPLiED
WARRANTIES O�MERC=A":T:A3IJTY AND FITNESS FOR PARTICJLAR PU?POSES,ARE EXCLUDED FROM THE SALE OFT HIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE-OR ANY SPECIAL.iNCID__NTAL OR CONSEOJENTIAL OAA•`AGES ARISING OJT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER'HECR ES OF THE`Av+OF CO`+T:-PACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:Tile custo-e-:s arable for a.snipping costs whop ralum:irg or exchanging an item to Runyon,unless the product has been damaged during shipping.This poll y also applies to warranty returns.As
stated n the Pinyon°Rarurn Policy"wveer customers return an item or items for credit,a 25%reslooknc fee will be charged to your account,plus all appucab.e:nDound and outbound freight.This pol:cy also applies to shipments refused and returned
All capeellatons of mole loops are suolect to a 25%fef total nvoced order)cancellation fee on in sixk items from Runyon locations ON f Return shipping of the product is not refundable.Ail parts purchases are son refundable.Any shipment
received in conditiors other than bran new*ill oe charged 50>restocking fee of the:dial amount All returns must be properly boxed before they are returned.Its the cusiomer's responsibility tc report any damades;vshort:ages within 48 hours
of racer^.vice-re crogact Pinyon.,vii:rot accept claims 48,tours after delivery.Runyon will not accept returns without authorization:.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of
returr2-g merchardse.R,rygn's'rRA s are valid fgr 30 days af;at issuance,MRAs are not valid after fie 30 day dire limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products Any
fro gilt reiasec damage mist ce noted 0,,fie signed B! of Lad+''ig.AT THE TIME OF DELIVERY The perdhase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Se is,represents anc warrants that:(a)Seller has all necessary right,pourer and authority to enter into and perform the transactions referenced herein:(b)Seller has good and marketable title to the
Equipmer:and fc?oh the?ra�s e,Data Seiler will convey the sa^:e to Bayer(save only for the purchase money iieh,if any,to be retained by Seller should Seller.at its sole option,elect to finance all or any portion of the Pu chase Price'.Buyer
represents and:verrarits that.t)Buye;has all necessary ri^yh;,power and authority to enter into and perform the transactions referenced herein;(iii Buyer has selected and carefully inspected and examined the Equipment and found'he same to be
ac ceotabie to Buyer In a'!respects oaseid on criteria estaolished 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 mantra s,and vet"far infdr^actor including a!:training required,ender appl:oable OSHA and'or ANSI Standards,if aryl regarding the proper and safe transportation,use.maintenance,repair and storage of the Equipment.
RUNYON EQUIPMENT RENTAL
410 WEST CARMEL DRIVE
CARMEL, IN 46032
(317) 566-8888 STATEMENT DATE: 09/26/12 503
DR IN` lN`G DATE: 09 27/l 2
CARMEL STREET DEPARTMENT RUNYON EQUIPMENT RENTAL
3400 WEST 131ST STREET 410 WEST CARMEL DRIVE
CARMEL IN 46074 CARMEL, IN 46032
LOC ZESCR.IPTI0N.: ,-, ILMOUNTS . '. CREDITS, BALA14C;p,
08/30/12 241275 100 PROPANE 60 POUND REF 44. 59 0.00 44. 59
08/30/12 241322 100 PO# SHOP 48.00 0.00 48.00
08/31/12 241 /143 100 PO# 106TH STREET 210. 00 0. 00 210.00
09/05/1-2 24-1.z-85 100 PO# SAFELY EQUIPT 20.48 0.00 20.48
09/07/12 241(861. 100 PO# ROUNDABOUTS 724 .50 0.00 724.50
09/113/1.2 242`:86 1.00 OVERSEEDER 19" PATH 362. .25 0. 00 362 .25
09/13/12 2 4')h)9 9 100 PO# SHOP 241 .50 0. 00 2111. 50
09/13/12 2 4 2 u/11 1 10 10 PO4 BOYD 208 459.79 0 . 00 459 .79
09/20/1.2 1 3'824 100 PO#' PATCH TRUCK*, 44.*59 0.;00 - All .59
0.00 6.0 3*. 75
09/21/1-2 2 4-3 3 9 6 100 kT�-ELDING - .603,,.,-75,
09/21./1.2 243./55 100 OVERSEEDER 19" PATH 241 .50 0. 00 241.50 68() k9
09/25/12 244/100 100 PROPANE 30 POUND REF 20. 90 0. 00 20. 90
****Unapplied Payments**** Amount Allocated Remaining
yz D,
`CUkP DAYS 6 biI)AYS�- "9;0-DAY 6°:�• 'AYS'.',.: -`T0-bA&,'•*ibUE
0.00 .0. 00 o'!00. 3021. 85
N 0
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
V A,rA property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reddens,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
EQUIPMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive o Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,unit 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
LAF4ACL o 1`15141ER5 O INDIANAPOLI5 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter In substantially good condition as when received,natural wear and tear excepted.
317 — 5 05 6 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half(1 12)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com Incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm o Saturday 7:00 am -4:30 pm Sunday 9:00 am -3:00 pm
RENTED TO JOB -LOCATION •..TICKET #„
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 244400
CARMEL IN 46074
Loc 100
• = °:.... .� .:.�,SSN;,.,.: :_..:,'- ..._,.
PHONE„..; :.
. DATE
W (317) 733-2001 OUT 09/25/12 10: 42 AM SAF
F (317) 733-2005
ID#3 �`PO/JOB # , RECEIVED BY '
JEFF STEWART 09/25/12 10:42 AM SAF
***FINAL*** Page: 1
QTY ITEM# -EXT AMT NET AMT
MIN HOURLY OVNITE' -8-HOUR DAY , WEEK 4 WEEK
1 101 PROPANE 30 POUND REFILL 20. 90 20. 90 20. 90
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTM A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Blodiesel,E85.etc)in Runyon Equipment Rental,equipment Is PROHIBITED RENT 0.00
Customer is liable for all damages 8 repairs that result from alternative fuel.
I HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 20 90
FULLY UNDERSTAND THOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY AND OTHER 0.00
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON I
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00
BY RUNYON EQUIPMENT RENTAL X
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00
THE TERMS ACKNOWLEDGED THAT ITTIOS CORRECT.COMPLETE RENTAL AGREEMENT I PROMISE READ AS AACONDITIONR 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 TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, DEPOSIT 0.00
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED.AND NOT DISCOVERED BY RUNYON EQUIPMENT
T RENTAL UNTIL
O RUN ANYFORM OF PAYMENT ON SETTLE
FILE TO SATISFY EQUIP EN THE DR IL RUNYON
REPA LABORR TEOCHARGED AT$85 AN HOUR.ORIZED TOTAL DUE 20.90
EQUIPMENT CELL
LEASED BY X PHONE AMT BILLED 20. 90
EQUIPMENT RENTAL FEES DO NOT APPLY TO PURCHASES.
2 54
RETURNED BY X
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as Such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and rinds it suitable for 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,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(Including
active,passive,primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses
and attorney's fees incurred in such defense and/or settlement,judgment or other resolution.In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs,expenses and attorney's fees incurred by Runyon in such defense.
4.Rental Charges andTerms. 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
tours in one day,Customer twill 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).
6,Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe;(c)
Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written permission;(a)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(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.Tfres.Customer is totally responsible for all tire repair.It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10,Insurance. Runyon's insurance does not cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUINYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11.Cleaning Charges.Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-five dollars(S65.00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipment without
Runyon's written permission.Any purported assignment by Customer is void.
13.Time of Return.Customers 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.Time of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs.Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and
Interest of one and one half(1 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 State of
Indiana and that if legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18.Damage Waiver.In consideration of the payment of additional rent classified as"damage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the
rental property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage.theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of Ilia 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 or damaged
beyond repair will be paid for at its current list price olus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon's option,by others,at a
charge of sixty-five dollars($65.00)per hour plus parts.
20.Severability.The provisions of this Agreement shall be severable so that the invalidity,unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage.Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23.Fees,Licenses,Permits,Taxes and Fines.Customer shall he solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customers use or operation of Ilia equipment.
24.Charges.Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customers property or goods in storage or in transit,or for any property,left or stored in the equipment,or elsewhere
in the renting location.Customer agrees not to hold Runyon liable for damages from dawn 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,injudes,claims,costs and expenses arising out of Customers use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by
any governmental entity,and,to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a
result of injury.death or property damage arising out of Customers use of the equipment.Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reason or any purpose.During
the term of this Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delivery is made to closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knock down of tables and chairs.
If this service is required,arrangements should be made several days prior to delivery:vith a special charge quoted.If no arrangements are made and this service is desired on delivary,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 stilt tip.
27.Waiver of JuryTrial.Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter liereof.This waiver pertains to all disputes that may relate to the subject matter hereof,
including,without limitation,contract,fort,breach of duty,and all other common law and statutory claims,and will not be subject to any exceptions.Each parry(A)understands that this is a waiver of important legal rights and(B)acknowledges that
helsha4l has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its jury trial rights.
28.Tickets,Fines and Penalties.You agree to fully and promptly pay all fines,penalties,parking tickets,traffic tickets,tolls,court costs,attorneys'fees and other charges assessed during the Term in connection with the use,parking,storage,and/
or possession of the Equipment,regardless of the identity of the driver of any vehicle You rent from Us.
29.Trailers andTowing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to tow
any trader rented from LESSOWDEALER(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 A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAN!OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer Is liable for 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 Runyan`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.
All cancellations of whole goods are subject to a 25%(of total invoiced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.All parts purchases are non refundable.Any shipment
.eceived in conditions other than brand new will be charged 50%restocking fee of the total amount.All returns must be property,boxed before they are returned.It's the customers responsibility to report any damages/shortages within 48 hours
)f receiving the product.Runyon will not accept claims 48:lours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of
'eturning 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 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 title to the
Equipment and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer
,.?presents and warrants that()Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;C)Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(iii)Buyer has received,carefully reviewed and is satisfied with,all available training,instructions,operating and
.rser manuals,and other information(mcfudng all training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
In consideration of the payment of additional rent classified as"damage waiver by the Rentee.Renter agrees to,and hereby does waive its right,or any right it might
R ®N have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
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
t(�UIYMENT►ZEN7AL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
CAF-m6l-•FISHERS•INDMNAPOLI5 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 vidates any of the terms and conditions of this agreement,the Renter may celled damages together with reasonable attorney
fees,court acts and interest of one and one hag(11/2)percent per month added to accounts over ten It 0)days old,reflecting an annual percentage rate of eighteen It 8)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnity Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am - 5:30 pm •Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm
RENTED TO JOB LOCATION " TICKET
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 243755
CARMEL IN 46074
Loo 100
SSN ,:.:;i'y__ PHONE_- TIME _
W (317)733-2001 OUT 09/20/12 9: 03 AM MS
F (317) 733-2005
ID#3 ' PO/JOB.:#,>.v :RECEIVED" BY,;,`
HICKS, JEFFREY D R TURNED 09/21/12 3 :07 PM WH
***FINAL*** Page: 1
QTY ITEM# EXT'`AMT NET. AMT
MIN: `. HOURLY-_: ,OVNITE 8-HOUR DAY: s:.`, WEEK .. 4°WEEK'
1 5048-0003 OVERSEEDER 19" PATH 50# 230 . 00 230. 00
$90 .00/4 115. 00 115. 00 575 . 00 1725. 00
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 230.00
Customer is liable for all damages&repairs that result from alternative fuel
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 0.00
FULLY UNDERSTAND THOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.0 0
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 11.5 0
BY RUNYON EQUIPMENT RENTAL X -
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Add1 TAX 0•00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE I PROMISE THAT AS A CONDITION OF RENTING SALES TAX 0.00
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, DEPOSIT 0.00
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR TOTAL DUE 241.50
EQUIPMENT CELL
LEASED BY X PHONE AMT BILLED 241.50
EQUIPMENT RENTAL FEES DO NOT APPLY TO PURCHASES. o:2 4
RETURNED BY X -
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for 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 WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment 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 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(ncluding
active,passive,printery or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses
and attorney's fees incurred in such defense and/or settlement,judgment or other resolution.In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs,expenses and attorney's fees incurred by Runyon in such defense.
4.Rental Charges and Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour shift.If Customer runs the equipment for over 8
tours in one day,Customer will be charged[or extra hours on equipment.One day is 24 hours or eight(8)hours running time.16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge.
5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the future(except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe;(c)
Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,,without Runyon's written permission;(a)Use at any location other than the address furnished Runyon without Runyon's written permission.
7,Fuel and Oil Levels.All equipment is full of fuel when ranted 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 far alf 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.Ttres.Customer is totally responsible for all lire repair.It is Customer's option to check over the tires before the equipment leaves and notify Runyan 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 properly and until it has been returned to Runyon's property and
payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11,Cleaning Charges,Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-five dollars(S65.00)per hour will be charged for cleanup.
12,Assignments,Subleases and Loans of Equipment.Runyon may assign its fights under this Agreement without Customers consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipment without
Runyon's written permission.Any purported assignment by Customer is void.
13.Time of Return. Customer's right to possession terminates on the expiration of the rental period(°Due In'date&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 limes 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 Si)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17,Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18.Damage Waiver.In consideration of the payment of additional rent classified as"damage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the
rental property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage.theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its
rated capacity.or damage to tires,tubes and wrheels caused by blowout,bruises,cuts,punctures of 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 faxes are included in Runyon's rental rates.They are extra.
19,Damaged,Dirty,or Lost Equipment,Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon's possession.Equipment lost,stolen or damaged
beyond repair will be paid for at its current list price'plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon's option,by others,at a
charge of sixty-five dollars($65.00)per hour plus parts.
20.Severability.The provisions of this Agreement shall be severable so that the invalidity,unenforceability or waiver of any of the'provisions shall not affect fhe remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage.Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23,Fees,Licenses,Permits,Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of the equipment.
24,Charges,Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customers properly or goods in storage or in transit,or for any property left or stored in the equipment,or elsewhere
in the renUng 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 Cuslomar's use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by
any governmental entity,and,to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a
result of injury,death or property damage arising out of Customer's use of the equipment.Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reason or any purpose.During
the form 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 setup and knock down of tables and chairs.
If this service is required,arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorization.If time permits,we will
try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be left until the next day when a special
crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still 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 matter hereof.This waiver pertains to all disputes that may relate to the subject matter hereof,
including,without limitation,contract,lore,breach of duty,and all other common law and statutory claims,and will not be subject to any exceptions.Each pamy(A)understands that this is a waiver of important legal rights and(B)acknowledges that
he/shabf has had a reasonable opportunity to discuss this;waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its jury trial rights.
28.Tickets,Fines and Penalties.You agree to fully and promptly pay all fines,penalties,parking tickets,traffic tickets,tolls,court costs,attorneys'fees and other charges assessed during the Term in connection,with the use,parking,storage,and/
or possession of the Equipment.regardless of the identity of the driver of any vehide You rent from Us.
29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all lie downs,pins and lights in a safe and secure condition while in[heir possession.Customer agrees not to low,
any trailer 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 A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER.REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS ORTORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for all shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also applies to warranty returns.As
stated in the Runyan"Return Policy,'when customers return an item c�items for credit,a 25%restocking fee will be charged to your account,plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
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 property boxed before they are returned.It's the customer's responsibility to report any damagestshortages within 48 hours
hf receiving the product.Runyon will not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of
'atuming merchandise.Runyon's MRA's are valid for 30 days after Issuance,MRAs are not valid after the 30 day lime limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any
remght related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable title to the
quipment and(c)on the Transfer Dale,Seller will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer
•epresents and warrants that(i)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;(i)Buyer has selected and carefully inspected and examined the Equipment and found the same to be
exeolable to Buyer in all respects based on criteria established solely by Buyer and not based on arty recommendation by Seller;and(ii Buyer has received,carefully reviewed and is satisfied with,all available training,instructions,operating and
.rser manuals,and other information(fnefudng all training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
In consideration of the payment of additional rent classified as'damage waiver"by the Rentee,Renter agrees lo,and hereby does waive its right,or any right it might
have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding Its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
tQUIVMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,it a total loss,will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
aF-MEL•1`1511%R50 1NDIAN"OLI5 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen If 8)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a 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 indemnity Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrentaL com Incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday - Friday 7:00 am -5:30 pm•Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm
RENTED.,TO. JOB.,LOCAT:ION .. . .. ::w+-- TICKET.-.# ..
CARMEL STREET DEPARTMENT # 503 SEEDING
3400 WEST 131ST STREET Con# 243396
CARMEL IN 46074
Loc 100
.., _-•-.--
'DATE ;TIME
TIME PHONE SSN
,
W (317) 733-2001 OUT 09/17/12 10: 03 AM WH
F (317) 733-2005
ID#3 PO/.JOB, #,` RECEIVED-,,BY
SEEDING MIKE W RETURNED 09/21/12 3 : 06 PM WH
***FINAL*** Page: 1
QTY ITEM#..
-'EXT°AMT' NET: AMT:.
MIN `HOURLY.; ,:OVNITE ; „8=HOUR =,.. 'DAY:,.: '.. . WEEK 4 WEEKr
1 5048-0005 OVERSEEDER 19" PATH 50# 575. 00 575. 00
$90 .00/4 115. 00 115. 00 57,5. 00 1725.00
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 575.00
Customer is liable for all damages&repairs that result from alternative fuel.
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 0.00
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.0 0
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON I
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 28.75
BY RUNYON EQUIPMENT RENTAL X
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HE AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING SALES TAX 0.00
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, DEPOSIT 0.00
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT ,
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR LABOR RATE CHARGED AT$85 AN HOUR. TOTAL DUE 603.75
EQUIPMENT CELL
LEASED BY X PHONE AMT BILLED 603.75
21-SEP-12 15 REETURNEDTBY X RENTAL FEES DO NOT APPLY TO PURCHASES.o 6:41
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 finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges it
duly 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 andlor arising out of Runyon's negligence
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which(1)relate to injury or to destruction of
property,or bodily injury,illness,sickness,disease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including
active,passive,primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses
and attorney's fees incurred in such defense and/or settlement,judgment or other resolution.In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs,expenses and attorney's fees incurred by Runyon in such defense.
4.Rental Charges and Terms. 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 will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running lime.16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge.
S.Future Rentals.Customer acknowledges that the terms of this,Agreement will be 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 andlor 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;(a)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels.All equipment is full of fuel when ranted 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 Ilia goods from wherever they are,and Deafer 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 fire repair.It is Customers option to check over the lires 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 relurned to Runyon's property and
payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11.Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-five dollars(S65.00)per hour will be charged for cleanup.
12,Assignments,Subleases and Loans of Equipment.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.Customers 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 ilia"Due In"date will subject Customer to a charge of conversion(theft).
15.Tfine 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 ys)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18,Damage Waiver.In consideration of the payment of additional rent classified as"damage waiver by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the
rental property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage.theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of ilia equipment,use or operation of the equipment exceeding its
rated capacity,or damage to fires,tubes and vrheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is not an insurance premium,and that this provision does not
represent an insurance policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra.
19,Damaged,Dirty,or Lost Equipment,Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon's possession.Equipment lost,stolen or damaged
beyond repair will be paid for at its current list price Plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon's option,by others,at a
charge of sixty-five dollars($65.00)per hour plus parts.
20.Severability.The provisions of this Agreement shall be severable so that the invalidity;unenforceability or waiver of any of the,provisions shall not affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage.Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23.Fees,Licenses,Permits,Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customers use or operation of the equipment.
24.Charges.Customer shall pay all charges required under this Agreement upon demand,Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any properly,left or stored in the equipment,or elsewhere
in the renting location.Customer agrees not to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees
harmless from and against any and all losses,liabilities,damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by
any governmental entity,and,to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a
result of injury death or property damage arising out of Customers 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 lemr of this Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delivery is made to closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is Involved.Our service does not include set up and knockdown of tables and chairs.
If this service is required,arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorization.if time permits,we will
try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be left until the next day when a special
crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental Items are still up.
27.Waiver of JuryTrial.Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.Thfs waiver pertains to all disputes that may relate to the subject matter hereof,
including,without limitation,contract,tort,breach of duly,and all other common law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of important legal rights and(B)acknowledges that
he/she4f 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 lines,penalties,parking tickets,traffic tickets,tolls,court costs,attorneys'fees and other charges assessed during the Term in connection with the use,parking,storage,and,
or possession of the Equipment,regardless of the identity of the driver of any vehicle You rent from Us.
29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to low
any trailer rented from LESSOWDEALER(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 sates are also governed by the parties'Equipment Purchase Agreement.If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevail.
AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY.APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OFTHIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO T HE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for all shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also applies to warranty returns.As
stated in the Runyon`Return Policy,"when customers return an item or items for credit,a 25%restocking fee will be charged io 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 customers responsibility to report any damages/shortages within 48 hours
)f receiving the product.Runyon will not accept claims 48 pours 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
'reight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable fille to the
Equipment;and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer
,-?presents and warrants that:(i)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;C)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.
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
—Y 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
IVRN V ANA property rented a sum equal to 5%of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reddess,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to fires,tubes and wheels caused by blowout,bruises,cuts,punctures or
"EQUIPMENT RENTAL. other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
X10 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
LAWEL c FISHE1?5 C INDIANAPOLIS shall not loan,sublet,mortgage or In any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
3'9 7 — 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 haH(11/2)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 fool-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to Indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.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 % Days a Week Monday- Friday 7:00 am - 5:30 pm -Saturday 7:00 am -4:30 pm-Sunday 9:00 am -3:00 pm
RENTED TO JOB LOCATION:.
TICKET- # .
CARMEL STREET DEPARTMENT # 503 PATCH TRUCK
3400 WEST 131ST STREET Con# 243824
CARMEL IN 46074
Loc 100
:PHONE :`_ _ 'DATE ,. TIME —
W (317) 733-2001 OUT 09/20/12 1 :53 PM SAF
F (317) 733-2005
ID#3 PO/JOB # . RECEIVED 'BY,
PATCH TRUCK BROWNING, TIMOTHY D 09/20/12 1 :54 PM SAF
***FINAL*** Page: 1
QTY ITEM#
. '-EXT AMT NET AMT.
MIN HOURLY••,OVNITE 8-HOUR DAY WEEK 4 •WEEK
1 103 PROPANE 60 POUND REFILL 38 . 90 38. 90 38 . 90
1 072874129040 GLOVE LEATHER PALM LG 1290L 5. 69 5. 69 5. 69
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SU&1ECTTO A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Biodlesel,E85,etc)in Runyon Equipment Rental,equipment Is PROHIBITED. RENT o.00
Customer is liable for all damages&repairs that result from alternative fuel.
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 44.59
F ULLYUNDERSTANDTHOSEINSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON I
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES .
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,ACKNOWLEDGE DGE THAT IT IS FORTH IN RENTAL AGREEMENT I PRIOMIISE THAT AS AACONDITIONR OF T RENTING SALES TAX o.00 CHANGED,I WILL NOTIFY RUNN EQUIPMENT
EQUIPENT THAT IF REENTAM IMMEDIATELY�RUNYON EQUIPMENT RENTAOLRIS AUTHORIZED TOBBILL MY CREDIT CARD FOR ANY N D ALL COSTS, DEPOSIT 0.00
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR LABOR RATE CHARGED AT$85 AN HOUR. TOTAL DUE 44.59
EQUIPMENT CELL
LEASED BY X PHONE AMT BILLED 44.59
EQUIPMENT
ETURNEDBY X - RENTAL FEES DO NOT APPLY T S:00
O PURCHASES.
R
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges 4
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon")of any defects.
2.WARRANTIES,THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT
IT IS FREE FROM DEFECTS.
3,Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment and/or arising out of Runyon's negligence
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorneys fees which(1)relate to injury or to destruction of
property,or bodity injury,illness,sickness,disease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or In part,by the equipment leased herein or by the liability or conduct(including
active,passive,printery 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 Runyan 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;rill be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time.16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge.
5.Future Rentals.Customer acknowledges that the terms of this.Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any lime in the future(except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe;(c)
Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written permission;(a)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(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 Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10,Insurance, Runyon's insurance does not cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11.Cleaning Charges,Equipment is to be returned to Runyon as clean as;when it feff.A charge of sixty-five dollars(S65.00)per hour will be charged for cleanup.
12,Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipment without
Runyon's written permission.Any purported assignment by Customer is void.
13.Time of Return. Customers right to possession terminates on the expiration of the rental period("Due In"date&lime)and retention of possession after this time constitutes am.aladal 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.Tfine 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 allorneys lees,court costs and
Interest of one and one half(1 A)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 lime,
17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18,Damage Waiver.In consideration of the payment of additional rent classified as"damage waiver by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the
rental property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5:•'a of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage-theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its
rated capacity.or damage to tires,tubes and:wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is not an insurance premium,and that this provision does not
represent an insurance policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra.
19,Damaged,Dirty,or Lost Equipment,Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon's possession.Equipment lost,stolen or damaged
beyond repair will be paid for at its current list price Plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon's option,by others,at a
charge of sixty-five dollars($65.00)per hour plus parts.
20.Severability.The provisions of this Agreement shall be severable so that the invalidity,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 dsk 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 die 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 Cuslomers property or goods in storage or in transit,or for any property left or stared in the equipment,or elsewhere
in the renting location.Customer agrees not to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees
harmless from and against any and all losses,liabilities,damages,injuries,claims,costs and expenses arising out of Customers use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by
any governmental entity,and,to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided far herein as a
result of injury.death or property damage arising out of Customers 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 mason 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 trucls can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knock down of tables and chairs.
If this service is required,arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorization.If time permits,we will
try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be left until the next day when a special
crew can be scheduled.There will be an additional one day rental.A knock doom fee will result if rental Items are still tip.
27.Waiver of JuryTrial,Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter Ihereof.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 party(A)understands that this is a waiver of important legal rights and(B)ackno vtedges that
he/shell has had a reasonable opportunity to discuss this waiver and fts effects with legal counsel.Accordingly,each party knowingly voluntarily,irrevocably and unconditionally waives its jury trial rights.
28,Tickets,Fines and Penalties.You agree to fully and promptly pay all fines,penalties,parking tickets ,traffic tickets,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.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all lie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to low
any trader rented from LESSOR/DEAL ER(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 A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL.INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for all shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also applies to warranty returns.As
stated in the Runyon"Relum Policy,"when customers return an item or items for credit,a 25%restocking fee will be charged to your account,plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25%(of total invoiced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.All parts purchases are non refundable.Any shipment
;eceived in conditions other than brand new will be charged 50%restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customers responsibility to report any damages/shortages within 48 hours
)t receiving the product.Runyon will not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon wilt instruct customers as to the best means of
-etuming merchandise.Runyon's MRA's are valid for 30 days after Issuance,MRAs are not valid after the 30 day lime limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any
reighf related damage must be noted on the signed Bill of Lading ATTHE TIME OF DELIVERY.The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable fille to the
quipment;and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer
-epresents and warrants that,p)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;ft)Buyer has selected and carefully inspected and examined the Equipment and found the same to be
3meotable 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
.rser manuals,and other informatfon(incfuding 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 NO. WARRANT NO.
ALLOWED 20
Runyon Equipment Rental
IN SUM OF $
410 W. Carmel Drive
Carmel, IN 46032
$2,698.78
ON ACCOUNT OF APPROPRIATION FOR
Carmel Street Department
PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members
2201 241861 43-530.99 $724.50 1 hereby certify that the attached invoice(s), or
2201 242841 43-530.99 $459.79 bill(s) is (are)true and correct and that the
2201 242699 43-530.99 $241.50
materials or services itemized thereon for
2201 242586 43-530.99 $362.25
2201 243824 42-311.00 $44.59 which charge is made were ordered and
2201 243755 43-530.99 $241.50 received except
2201 243396 43-530.99 $603.75
2201 244400 42-311.00 $20.90
Frida�r4, Oc� er 05, 2012
UW &4Y
Street Commissioner
SLreet �mmissloner
Cost distribution ledger classification if
claim paid motor vehicle highway fund
Prescribed by State Board of Accounts City Form No.201 (Rev.1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service,where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
09/07/12 241861 $724.50
09/13/12 242841 $459.79
09/13/12 242699 $241.50
09/13/12 242586 $362.25
09/20/12 243824 $44.59
09/21/12 243755 $241.50
09/21/12 243396 $603.75
09/25/12 244400 $20.90
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