214422 11/07/2012 *f CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL
CARMEL, INDIANA 46032 410 W CARMEL DRIVE CHECK AMOUNT: $104.48
CARMEL IN 46032 CHECK NUMBER: 214422
CHECK DATE: 11/7/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
601 5023990 246974 14 . 28 OTHER EXPENSES
1120 4353099 247409 69 . 30 OTHER RENTAL & LEASES
601 5023990 247541 20 . 90 OTHER EXPENSES
In consideration of the payment of additional rent classified as"damage waiver"by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
n n n n have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
property rented a sum equal to 5%of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence of the Rentee
VVV�w V V AAA or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
EQUIPMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
CAW CL o FISHERS o 1NDIANAVOLi5 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 — f(155 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
tees,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 4 is understood that Renter shall be held responsible for any accident or
, „ damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't t be a tool= Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am - 5:30 pm e Saturday 7:00 am -4:30 pm Sunday 9:00 am -3:00 pm
RENTED TO JOB LOCATION TICKET #
CARMEL FIRE DEPARTMENT # 266
2 CIVIC SQUARE Con# 247409
CARMEL IN 46032
Loc 100
PHONE w DATE" TIME.'
W (317) 571-2600 OUT 10/22/12 10 :21 AM SAF
F (317) 571-2615
ID#3 PO/JOB.# RECEIVED' BY
LUCKOSKI, TODD C RETURNED 10/22/12 11: 14 AM MS
***FINAL*** Page: 1
QTY ITEM# EXT AMT NET AMT
MIN _ HOURLY "-OVNITE 8-HOUR DAY WEEK 4 WEEK .
1 2964-0000 BIT MINING SDS A 1 1/2" X 23" 26. 00 26. 00
$26. 00/D 26. 00 26. 00 104 . 00 312 . 00
1 8370-0005 HAMMER D DEMO-DRILL MAX 76ATC 40 . 00 40. 00
$40. 00/4 50. 00 50.00 200 . 00 600. 00
IFTHE EQUIPMENT IS NOT RETURNED BY"WE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Biodiesel,E85,etc)in Runyon Equipment Rental,equipment is PROHIBITED RENT 66.00
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 3.30
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 69.30
EQUIPMENT CELL
LEASED BY X PHONE AMT BILLED 69.30
EQUIPMENT - RENTAL FEES DO NOT 22—OCT-12
PPLY TO PURCHASES. : 12
RETURNED BY X
WE CHARGE FORTIME OUT NOTTIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR.ALLTIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges 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 ft<.
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,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 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 lime. 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 fit 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,EB5,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[his contract,Deafer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires.Customer is totally responsible for all lire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10,Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been racefved.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11,Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-five dollars(565.00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without 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.Vfolation 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 rapacity.or damage to fires,tubes and:;heels 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 Runyons 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 lime charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25,Other liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment,or elsewhere
in the renting location.Customer agrees not to hold Runyon liable for damages from down lime,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees
harmless from and against any and all losses,liabilities.damages,injuries,claims,costs and expenses arising out of 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 ifs 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 wgula[ory body having jurisdiction.
26.Delivery/Pick Up.Delivery is made to closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knock down of tables and chairs.
If this service is required,arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorization.If time permits,we will
try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area.tables and chairs wfit 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 hereol.Thfs waiver pertains to all disputes that may relate to the subject matter hereof,
including,without limitation,contract,tor[,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
helsherif 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,tons,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 tow
any Vetter rented from LESSOR/DEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs.
30.Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the part es'Equfpmenl Purchase Agreement.If the Equipment Purchase and the Terms and Conditions Previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevail.
AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY.APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR.A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL.INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer Is liable for all shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also applies to warranty returns.As
stated in the Runyon`Return Policy,'when customers return an item or items for credit,a 25%resto&ng fee will be charged io 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
:-calved 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;iours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of
'eruming 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
'feight 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[he 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
•sprasents and warrants that:(f)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
axeolable 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 ail training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
VOUCHER NO. WARRANT NO.
ALLOWED 20
Runyon Equipment Rental
IN SUM OF $
410 W. Carmel Drive
Carmel, IN 46032
$69.30
ON ACCOUNT OF APPROPRIATION FOR
Carmel Fire Department
PO#/Dept. INVOICE NO. I ACCT#/TITLE AMOUNT Board Members
1120 I 247409 I 43-530.99 I $69.30 1 hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
NOV ° 5 201a
J
Fire Chief
Title
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))
247409 $69.30
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
In consideration of the payment of additional rent classified as'damage waiver'by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
®� have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee
U 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 IzENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive o Carmel, IN 46032 policy or an agreement to Insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
CARMEL o FISHERS G INDIANAPOLI5 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
3'9 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 half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open % Days ® Week Monday- Friday 7:00 am -5:30 pm e Saturday 7:00 am -4:30 pm Sunday 9:00 am -3:00 pm
RENTED TO TICKET:.#
, , ,
CARMEL WATER DISTRIBUTION 4 161 PUMP
3450 W. 131ST STREET Con# 246974
CARMEL IN 46074
Loc 100
SSN PHONE DATE. TIME
W (317) 733-2855 OUT 10/17/12 12 : 47 PM TT
C (317) 733-2840
PO/JOB -# RECEIVED BY
MORGAN, TRENT 10/17/12 12:49 PM TT
***FINAL*** Page: 1
QTY ITEM# EXT AMT 14ET; AMT
MIN HOURLY, OVNITE'. 8-HOUR'. DAY ._;_- WEEK". "4 WEEK
1 00045 HONDA SWITCH 14 . 28 14 .28
.a
�s
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Blodlesel,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.
1 HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SAFES 14 28
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER .
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 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 ACKNOWLEDGE DGE THAAT CONDITIONS ITICORRECTT,,RCOMPLETE AND T ACCURATE.AGREEMENT I PROMISE THATD AS THE AACONDITIONR OF T RENTING SALES TAX 0•00 RUNN EQUIPMENT
EQUIPMENT THAT IF ADDRESS RENTAL IMMEDIATELY MRUNYONOEQUIPMENTT RENTAOLRIS AUTHORIZED TO BILL MY CREDIT/CA DOFOR ANY ND ALL COSTS, DEPOSIT 0.00
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGESTO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR TOTAL DUE 14 .28
EQUIPMENT CELL
LEASED BY X PHONE AMT BILLED 14.28
EQUIPMENT RENTAL FEES DO NOT 13—OCT-12 12 4 APPLY TO PURCHASES.9 11
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,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 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 and Terms. Equipment with hour meters is allotted 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
fours in one day,Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge.
5.Future Rentals.Customer acknowledges that the terms of this.Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the future(except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe;(c)
Improper,unintended use or misuse-,(d)Use by anyone other than Customer or its employees,:vilhout Runyon's written permission;(a)Use at any location othar 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 Customers option to check over the Gres 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 left.A charge of sixty-five dollars(565.00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,but will remain bound by all obligations 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"dale&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 Ilre"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 togelher with reasonable attorney's fees,court costs and
Interest of one and one half(1)4)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18.Damage Waiver.In consideration of the payment of additional rent classified as"damage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the
rental property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage.theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its
rated capacity.or damage to fires,tubes and wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.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 Runyons 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 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 doom lime,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees
harmless from and against any and all losses,liabilities,damages,injuries,claims,costs and expenses arising out of Customers use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by
any governmental enfity,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 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 doom 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.This waiver pertains to aff 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)acknowledges that
hetshefd 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 wilh the use,parking,storage,andr
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 tow
arry trailer rented from LESSOFVDEALER(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`Return Policy,"when customers return an item or items for credit,a 25%restocking fee will be charged to your account,plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
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.Alf 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
3f receiving the product.Runyon will not accept claims 48:iours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRk),Runyon will instruct customers as to the best means of
-ehrming 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
rerght 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 Tight,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable life 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 rnance all or any portion of the Purchase Price).Buyer
,�p(asenls and warrants that:f)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 10 be
a,:ceotable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(iii)Buyer has received,carefully reviewed and is satisfied with,all available training,instructions,operating and
user manuals,and other information(including all training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
t 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 lt might
R �YO have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
A'�A property rented a sum equal to 5%of rental charge.This'damage waiver°does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reddess,careless or abusive operation or use
UIZFAGE PREP RENTAL fir 5UPPLY 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
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
GAF-MeL•FISHERS*INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree Ihat in the event the Rentee violates any of the terms and co dbons of this agreement,the Renter may colliact damages together with reasonable attorney
fees,court costs and interest of one and one het(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 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.runyonsurfaceprep.com incidental damages,even those damages caused by the negligence of Rentee,together With attomey fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm -Saturday 7:00 am -4:30 pm-Sunday 9:00'am -3:00 pm
RENTED TO "JOB-LOCATION TICKET #
CARMEL WATER DISTRIBUTION # 161 SHOP
3450 W. 131ST STREET Con# 247541
CARMEL IN 46074
Loc 100
SSN, PHONE DATE • .. TIME.
W (317) 733-2855 OUT 10/23/12 2 : 39 PM SAF
C (317) 733-2840
ID#3 PO/JOB'# RECEIVED.BY,
SHOP MCNULTY, MATT 10/23/12 2 : 40 PM SAF
***FINAL*** Page: 1
QTY . ITEM#. EXT AMT NET, AMT
MIN HOURLY OVNITE 8-HOUR " DAY ,,. WEEK. 4. WEEK-
101 PROPANE 30 POUND REFILL :,,2'0. 90 20. 90 20. 90
F 4'R a
, tt�
Al
V
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTM A CHARGE OF CONVERSION D
RENT 0 0 0 7 .
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIBITE
Customer is liable for all damages&repairs that result from alternative fuel. SALE S 20. 90
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTANDTHOSE INSTRUCTIONS.I ALSO UNDERSTANDTHAT I AMTHE PERSON RENTINGTHIS PROPERTY AND OTHER 0.00
THAT RUNYON SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY DW/FEES 0.0 0
OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X Addl TAX 0.00
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE
TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT.I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE SALES TAX 0.00
THAT IT IS CORRECT,COMPLETE AND ACCURATE, I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY
EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON SURFACE PREP RENTAL&SUPPLY DEPOSIT 0.00
IMMEDIATELY. RUNYON SURFACE PREP RENTAL&SUPPLY IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT.IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON SURFACE PREP RENTAL
&SUPPLY UNTIL AFTEWTHE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON SURFACE PREP RENTAL&SUPPLY IS TOTAL DUE 20. 90
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE b AT$85 AN HOUR.
EQUIPMENT r`7`f�J �I tcE AMT BILLED 20. 90
LEASED BY X r�".J3/T T" O'`1�4r: - / ''/ "�F$-I
23-OCT-12 14 :40:26
EQUIPMENT
ETURN
R ED BY X .;�• — RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES,FUEL AND ELECTRIC CURRENT. will apply X z(',:;{FIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
unless Runvon Surface PreD Rental&SUDDIV has been notified. We charge a 5%- Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection,Customer acknowledges that if 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 Surface Prep Supply LLC (hereinafter"Runyon';of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE.OR THAT
IT iS FREE FROM DEFECTS.
3.indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment and/or arising out of Runyon's negligence.
Customer shall Indemnify and defend Huryon against and hold Runyon harmless from any and all claims.actions suits,proceedings,costs.expenses.damages and liabilities including attorneys fees which(I)relate to injury or to destruction of
property or bodily injury.idifess.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 pat.by the equ;pmont!eased hetein or by the liability,^,r conduct(including
active,oassi•o,p•imary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cos:or expense,defend Runyon agairst all suits or proceedings commenced by anyone
n which Ruryor is a named party for which Runyon is ailegoc'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,,udgment or other resolution. in the event that such action.is coma ended naming Runyon as a party.Runyon may elect to defend said action on its own beha:'and Customer agrees
that.1 shat 0o 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 oquipment are based on usage during this eight(8)hour shift. ]'Customer rues the equipment lo!over 8
hours in one day,Customer:wl:l be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running tine in 24 hours=a 2-day cnarge.24 hours running time in 24 hours-a 3-gay 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.,whather on the date of this Agreement or at any time in the future(except only
as to any Equipment and/or other Gems with!aspect to which Customer executes a new Agreemmottf,
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;I Use when the equipment Is in had repa:r or is unsafe;;c)
Improper,unintended use or misuse;id)Use by a gone outer thug Customer or s employees,without Runyon's written permission:(e)Use at any location other than the address furnished Runyon,without Runyon's written permission.
7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(Biodase:,E85,etc.;in Runyon equipment is prole b:ted.Customer is
;able for all damages and repairs that resin:from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in%e.edr,ipmert is solely the responsbility 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 front wherever they are,and Dealer and his agents she!!not be I aole for any claims
for damage o!trespass arising out of the removal of the goods.
9.Tires.Customer is totally responsible for all tire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10.Insurance. Runyon's insurance does rot cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property,and unr'it has bean 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 NOS'AAi CUSINESS HOURS REMAINS-HE CUSTOMERS
RESPONSIBii IY
11.Cleaning Charges. Equ pn eqt is to be returned to Runyon as Clean as:when it left.A cnarge of sixty-fine 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 of ban the equipment without
Rur•,or.s:tin en porn^.issicn Any purported assigr!nent by Customer is void.
13.Time of Return. Customer's rgni tc possession terminates on the expiration of the rental period("Due'n"aato&time)and retention of possession after this time constitutes a material brazen of this Agreement.Time is of the essence in this
Aereerneit.Any extension must be mutually agreed upon in writing.
14.Late Return.Title to equipment is and shall at all times romain with Runyon. Fa,iure to return the equipment by the"Due in"date will subject Customer to a charge of conversion;theft).
15.Time of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs. Customer agrees trial in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees.court costs and
inheres:of one and one half(1 Y2)percent per month added to accounts over ten;?0)days old.reflecting an annual percentage rate of eighteen(18)percent. Customer agrees that this agreement is to be construed under the laws of trio State of
nd:ana and that if legal action is brought to enfo,ce,this agreement.that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17.Waiver.Any failure by either parry to onforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter
18.Damage Waiver.Inconsideration of the payment of additional rent classified as"damage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have aganst 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`,•c of rental charge.This"damage waiver"does not include damage or loss of the property as a rosu!t 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 a,abusive operation or use of the equipment,use or operation of the equipment exceeding its
rated capacity,or damage to tires,tubes aria wheels caused by blowour bruises,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 the provisior does not
represem an insurance policy or an agreement to insure.No damage waiver license.sales or use taxes are included hi 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 ano 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 reportirg the loss or theft to Runyon.The cost of repa:rs will be borne by Customer,whether performed by Runyon,or,at Runods option,by others at a
charge of sixty-f:ve dollars($65.00;per nour plus parts.
20.Severability.The provisions of th,s Agreement she:be severable so that the;nvandity,unehforceability or waiver of any of the provisions shall not affect the remaining provisions
21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyor's employees assist in loading or unloading The equipment,Customer agrees to assume the risk of and hold Runyon a nd.or its
employees harmless far any property damage or persona injures,including damage and personal injuries attributab e to the negligence of Runyon.
22.Property Damage, Runyon is riot responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyor.
23.Fees.Licenses,Permits,Taxes and Fines.Customer sha!I so solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of:he egmprnen:.
24.Charges.Customer shat!pay ail charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and treat no refund or reimbursement is due Customer in the event that fewer
days andiro,miles are actually used
25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in Transit.or for any property left or stored in the equipmerL or elsewhere
n the renting location.Customer agrees net fit 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 i°s agents and employees
riarmiess 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 I n;ited to ary and all fries,penalties and forfeitures imposed by
any governmental emity arid,to the extent not covered by nsuranco,any claims or liabilities 10 third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or its agents or empioyees
or for the conf scation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liab:!ify and expense c!e«cess of the lirnits of liability p•ovided for herein as a
res:,:t 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 anv reason or any purpose. Our.rg
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 I-involved.Our Service ddeS not inCldde set tip and kngCh down at tables and chairs.
If this service is-oquired,arangoments should be made several days prior to delivery with a special charge quoted.line arrangements are made and this service s desired on delivery,our dove!must call for author'a:trion If•r'.me permits,we will
try to accommodate you after quoting the price.Or,+pick up where nil prior arrangements have beer made and rental items are not knocked dorm arid assembled in one sheltered area,tables and Chairs w:''be left jail'.tie next day',when a special
crew call be scheduled There will be ac acd fiDnal one day rental.A knock acvin fee will result if rental items ale still up.
27.Walver of Jury Trial.Each party waives is rght to a ury trial of ary maim or cause of action based on or arising oil of this agreement of the sub oct matter hereof.I his waive,pertars ci'dispdtrs:na:may relate Ina subject matter
nrlucing,witf'o it i:i,titaha,contract,icrt.bteacri of duty,and all other common law and staiuiory claims,and will not be s-ibject to any exceptions.Each party(A)understands that this is a waive:of inportar^ega:r ants and( ;ackro,viedges;hat
;e she'd has had a rea,oraoie opporiun'y to d SCUSS the waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives itsury tirai r:g%.
&Tickets,Fines and Penalties-You agree to faliy and promptly pay all fines,penalties,parking'ickets.traffic tickets,;ells,court costs,attorneys'fees and other charges assessed during the term in conrecton wish the use,parking,storage,and!
or possession of the Equipment,regardless of the ideraty of the driver of any vehicle You rent from Us.
29.Trailers and Towing.The customer is responsible for inspecting and maintaining the hailer coupling mechanism,safety,chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not tc tow
any trailer 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 dugs
30.Headings.The headings used therein 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 parte5 Eciu:pment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent.then the terms from the Ecuipr,,ent Purchase Agreement prove:!.
AS-IS-NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR!MPL,ED WARRANTIES.INCLUDING.WITHOUT L'M!TATION,THE iMPUED
WARRANTIES OF`v1ERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON SURFACE PRE!'SUPPLY LLC 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 EQUIPMEN'TTO CUS'OL9EH.REGARDLESS OF WHETHER SUCH DAMAGES ARISE
JNDERTHEOHiES OF THE LAIN OF CONTRACTS OR TORT,
RETURN POLICY FOR PURCHASED ITEMS:The ccstomer;s babie for aN shipping costs when returning or exchanging an item to Runyon.,unless the product has been damaged curing sr.ppil.g.T-s Colic.;also applies to•warranty rerums.As
=rated in the Purr o^"Rebum Policy"ir,her custemes return an lien,or Ite-s for credit,a 25"restocking fee will be charged to your account plus all applicable inbound and cutbourd freight This pdoy ash apples to shiom-,is raft sic and st.irr.o3.
catrcellet ohs o`r whole g000s aro subject to a 25`.6,of total im✓o:cao order!cencellation fee or,in stack'ems trom Runyon locations QNL'f.Return shipping of the product is not refurdable.4:i pa:is pu,chases are no!,re'uncase ucy snipment
calved in coneit ohs ocher lhae bras rw,mill cc charged 50%restocking fee of:he,otal amount.All returns must be properly boxed pefoie they are returned.It's the customer's resrnns_b-ly lc raa^ff any aamsges;sr o tacos swthm 4t I'.OJfs
of recei✓-g're:rod:!.q Anyon will riot accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),rl nydi,wil!rshuct cUS.oma,s as:e t`in'ge=! r-a,5^f
retim-p marcha^.9:sal.Rb:,von's N'RA's are valid for 30 days after issuance,MBAs are rat valid after the 30 day limp limit expires Runyon will absolutely not,under any rircumsta:res,iss;;e l. MHA lor et.r:'s;n used or damaged p o:luits Any
fry g•tt r,'pit,;ca!^iag_mus:no rated nil the signed B'of Lading AT 'HE RNIE OF DEI!VF9Y The p!rchaso price at grip of sale is final,
REPRESENTATIONS AND WARRANTIES:Sa^er represents and warrants that:tat Seiler has all necessary right,power and authority:o enter into and pedcrm the tr3nsactiors ofererr•d Heroin,(b)Salver has goon aric marketab e trio fo tre
Emu pert,an i'c)or the Trans`.er Date,Se-Per will convey Inc samo to Buyer(save only for the purcnase rnorey lien,if any to be retained by Seller should Seller.at its sole optior,elect to frnaace all or any portion:of the Parcrase'r,^ai.DL.er
represens arc!:.auarts twit;r)Buys;has all necessary rich:,power and authority to enter into and perform the transactions referenced horein;(it)Buyer has selected and carefully!^spected and examried:he Ecu pmL,91 and found the same to be
accectab,e to 3uyer it,ail.respects based on catena established sale:y by Buyer and rtdt based on a,y recommendation by Seller,and(iii)Buyer has received,carefully reviewed and is satisf'ed wah,all available train rig rtstrr:ctionu operating and
sec manua:b,ana other intdrmaten(inc!adirg all training required under applicable OSHA and'or ANSI Standards,it any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment,
VOUCHER # 122572 WARRANT # ALLOWED
354867 IN SUM OF $
RUNYON EQUIPMENT RENTAL
410 W CARMEL DRIVE
CARMEL, IN 46032
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
246974 01-6200-06 $14.28
2 ci-r s4 I �o9Z�
Voucher Total
Cost distribution ledger classification if
claim paid under vehicle highway fund
Prescribed by State Board of Accounts City Form No.201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
354867
RUNYON EQUIPMENT RENTAL Purchase Order No.
410 W CARMEL DRIVE Terms
CARMEL, IN 46032 Due Date 10/29/2012
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
10/29/201: 246974 $14.28
I hereby certify that the attached invoice(s), or bill(s) is (are)true and
correct and I.have audited same in accordance with IC 5-11-10-1.6
Date Officer