214423 11/07/2012 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
4�t0 ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $833.37
CARMEL, INDIANA 46032 410 W CARMEL DRIVE
CARMEL IN 46032 CHECK NUMBER: 214423
CHECK DATE: 11/7/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
2201 4231100 STREET 38 . 90 BOTTLED GAS
2201 4237000 STREET 138 .43 REPAIR PARTS
2201 4353099 STREET 656 . 04 OTHER RENTAL & LEASES
RUNYON EQUIPMENT RENTAL
d10 WEST CARMEL DRIVE
CARMEL, 1N 16032
(31V) 566-8888 SATEMENT DATE: 1.0/?.4/12 503
PRINTING DATE: . 10425112
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Ta
CARMEL STREET DEPABTMENT RUNYON EQUIPMENT RENTAL
3400 WEST 131ST STREET 410 WEST CARMEL DRIVE
CARREL IN d6O74 I ICARMEL, IN 46032
AMOUNTS,`- -S-- BALKNCE:=
09/27/12 244391 100 PO4 BENCHES 105-00 0. 00 105.00
09/27/1) 244493 100 PO# 98TH ST 829. 50 0. 00 829 . 50
09/29/12 21 870 100 PU# BENCHES 59 . 00 OZ.-') 59 .00
10/01/1. 245077. 100 PLANER WOOD ELECTRIC 52 . 50 0. 00 52 . 50
10/01112 245080 100 P0# HAZELDALE 120.75 0. 0G 120.75
10/501; 245231 100 POI( KEYSTONE 122 .23 0. 00 122 .23
1010/1" 245399 100 PRESSURE WASHER 2.000 52 .50 0. 0-0 52 .50
10/D1/1 1-.-:2.:4:` 46,`,:-1-0 0--1 BGA1r---PARTS-&,...SALE S- 10. 00 59. 00
00c)
10/L2/11 24091 100 HOSE 2"X50 ' BLUE PVC 44. 99 0.00' 44. 99
9
10/12/12 246Q3 100 PO# ADIOS PASS 42 . 00 00 42 .00
10/15/1) 2467G! 100 EXCAVATOR BUCKET 70/ 384 .21 nbo 384.21
10/17/12 246803 100 PROPANE 60 POUND REF 38.90 0. 00 38. 90
10/18/12 241053 100 PAINT MARKER W/HANDL 40,49 9. 00 10. 49
10/18/12 247058 100 PO# SHOP 32 . 95 fl). 00 52 . 95
5
10/26/12 247529 100 PRESSURE WASHER 2000 52 , 50 0 . 00 52 . 50
""Unapplied Payments"" Amount A!'.ocate(J Remp. r)J ng
J th I Q ► 0, 60
---------------
bp 1:2 0 D �iqTAL,71
0 ao 2351-M
twl"�Aa?AGA! bill
;v7A )7 To 1:
IJ
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
RUNYON AA 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 reddess,careless or abusive operation or use
t URFACE PREP RENTAL fir SUPPLY 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,if a total loss,will pay replacement cost of equipment.
The Rentee further admowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
C"EL•FISHERS•INDIANAPOLI5 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one halt(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.runyonsurfaceprep.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# 247529
CARMEL IN 46074
Loc 100
x _
—S
W (317) 733-2001 OUT 10/23/12 1:47 PM SAF
F (317) 733-2005
PO/JOB # RECEIVED, BY
JOHNSON, RANDY R TURNED 10/24/12 3 :09 PM WH
***FINAL*** Page: 1
QTY : ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK
1 8131-0022 PRESSURE WASHER 2000 PSI e ,=, 50 . 00 50. 00
- 4
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IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE.YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(iH RENT 5 0.0 0
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIBITED.
Customer is liable for all damages&repairs that result from alternative fuel. SALES 0.00
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY 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
OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON DW/FEES 2.50
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 OFTHIS EQUIPMENT.IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON SURFACE PREP RENTAL
&SUPPLY UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON SURFACE PREP RENTAL&SUPPLY IS TOTAL DUE 52.50
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT (35, p�;r, CELL AMT BILLED 52.50
LEASED BY X PHONE 24-OCT-12 15:10:53
REETURNEDTBY 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,WUEL AND ELECTRIC CURRENT. will apply. X L-
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
unless Runvon Surface Preo Rental&SuDDIV has been notified. We Charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS I
1.Inspection.Customer acknowledges that ft has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer urderstanac its proper use.Custcfn.:r further acknariedges its
duty to inspect'he equipmert 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 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 han less for,property damage and personal injuries.including death and d!smembermem,caused by the equipment andror arising out of Runyon's negligence
Customer shall;ndemnify and defend Runyon against and Fold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which flit relate to injury or to destruction of
proper,,,or bodily injury,i:lress.sickness,disease o•death of any person.;including employees of Customer),and(2)are caused by,or claimed to be caused.in whole or in par;,by the equipment;eased'nere:r.or by the liability or conduct(inducing
aC'rve,passive.primary o:secondary;of Customer,its agents or employees,or anyone for whose acts any of thorn;nay be liable.Customer shall;at its own cost or expense,defend Runyon agv rst all s'u::s or proceedings commenced by anyone
n wh on Runyon is a named party for which Runyon is alleged to bailable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall ba liable and responsible for a4 costs,expenses
aria attorney's teas trip rretl m such defense andror se :anent,lodgment or other resolution. In the event that such&action is commenced naming Runyon as a party,Runyon may elect to defend said ac!oar on its awn behalf and Customer agrees
that:t 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 metes is allowed eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during th's eight(8)hour shift! k Cus:Omer runs the equipment for osier 8
^yours In one day.Gustomer 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 thf<.Agf Bement will be deemed to apply!o a" Customer may rent or purchase frorrt Ruryon.,whether on the date of this Agreement or at any time in the future(except only
as to any Equipment andror other)ems with respect to which Customer executes a new Agreement;.
6.Prohibited Uses. Use of the equipment m the fcl!owrng circumstances is prohibited and constitutes a breach of tics Agreement:(a)Use for illegal purpose or in an itegai manner.(b)Use when the equipment is in bad repair or is unsafe;(c)
Improper,unintended use or misuse;(d)Use by anyone other thar.Customer or its employees,without Runyon's written permission;(a)Use at any location other than thf:address furnished Runyon without Runyon's wr!tter.permission.
7.Fuel and Oil Levels.At equ pmerf is full of fuel when rented to Customer and must be returned to Runyon full or addtioca charges will apply.Also,use of alternative fuels(,B;odiesei,E85,etc?in Ruryon equipments prohibrteq.Customers
rabro to,all damages and repairs that esult from alterrative fuei. Runyon Checks the oil level in the equipment when it is rented to Customer, Maintenance of proper oil level in the equipment is sglely the reshonsib:lity of Customer.
8.Repossession.Jpon a faiiure to pay fort or other breach of t+:s contract,Dealer may terminate this connect and take possession of and remove the goods from rvnerover they are,and Demo,and his agents shat' of be I,able for any claims
for damage or trespass arising out of the removal c"he goods.
9.Tires. Customer is torally respons;o:e for alt tine repair. It is Custom=er's option tp check over the tires before the equipment leaves and notify Runyon of any irregulantius spotted.
10.Insurance. Runvon's insurance does not over equipmer.:vvrile in Customer's possession. Customer is responsible for insuring the equipment once it eaves Runyon's properly and unti:it has been returned'o Runvon's or party and
payment has peen eceved.EQUIPMENT MAY ONLY SE RETURNED DURING NORMAL BUSINESS`'OURS,ANY EQJIPMENT LEFT A.RLINYON S LOCATION O'.-HER T�Ati NORMAI.BJSI NESS^OURS REMAINS HE GUS TOMERS
Y.
RESPONSIS11_17
11.Cleaning Charges. Equ oment is to be returnee to Runyon as clear)as when it left.A charge of sixty-five dollars iS65.00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights uncle:this Agreement without Customer's consent,but will remain bound by ail obligations herein.Customer may riot sublease o!aTtn the equipmert without
Runyor s writte, permission Any purported assignment by Customer is void.
13.T7me of Return. Custdn)er's right tc possession terminates on the expiration of the rental per'pd("Due Vf data&linnet and re;em:on of possession after this tin,constitutes a material breach of this Ag-2amant.Tame is df the essence in Eris
mast P,,.w extensior mass be mu'Ualby agreed upon it+xritirg.
14.Late Return.-it'ie to e tuipm?nt is and shalt a:a l Untas none r.wYh Runyon pa lure to return the equipment by the"Due In"date will subject Customer to a chat qe of conversion(theft;
15,Time of Payment.Accounts ate due and payable at,he 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 withireasonab:e attorney's fees,court costs and
interest of ore and one half If Yi)percent per montn added to accounts over ten(1 O;days old,reflecting an annual percentage rate of eighteen 08)percent.Customer agrees that this agreement is to be construed cnd2r the taws of the State of
Intl:a-)a and that if legal action is brought to enforce th s agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyor and Customer at a later tine.
17.Waiver.Any failure by either party to enforce any provision of this Agreement shall no!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 ossified as"damage wa;vet"by Customer,Runyon:agrees to,and hereby does,waive its right.or any right fl might have against Customer.arising from normal damage of Ilhe
rental ptooeity.normal damage to be determined by Runyon,Costumer shall pay upon return o'property rerted a surrr equal to 5`4 of rental charge This"damage waiver'does ndt'nciuce damage or iossi of the orcpary as a result of the negfigerce
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 trre aquipmert,use or operation of the equipment exceeding its
rated capac:ty,of 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 aisurance 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 of cause,except reasonable wear and tear,while the goods are out of Runvor.'s pos ession.Equipment lost,stolen or da�-)aged
beyono repair viii 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 pedormed by Runyon,or,at Runyon's action.,by others,al a
charge of sixty-five dollar(565.00;per honor 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,Cus omen agrees to as,a ne the risk o'ar.d held Runyon and/or its
employees,rainless for any property damage or personal fniuneS,mcicd;ng damage and personal Inquiries a'tobutablo to the negligence of Runyon.
22.Property Damage. ?unyon is riot 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 shcC be sooty responsible for payment or any fees.licenses;parmas,taxes or hoes,recurred by or resulting lion the Customer's se:r p e ator
24.Charges. Customer shall Pay,a'!charges repaired under:his Agreement upon demand Customer agrees:hal mileage and time charges are min rnum charges only and that no rotund;r reimborsifhent is due C;lie;ooter in the event that fewer
da•;s anal,t ropes 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 prope-:v lcrt-r More•:r i!: equipmert,or elsewhere
in he rannng'ocstren Customer agrees rot tc hold Runyon liable for damages from down time•materials or other consequential damages resulting from the use of the equipment.Customer releases and hoc's Rrugou ha agents and employees
im-.iess fro r:.rid alga:^st any and ail losses fab::itas,damages,trio-last,claims costs and expenses arising out of Customer's use or possession of the equipment,Including,but not I>TiFad.o any and alt finer,penalties and forfeitures imposed by
any govarnment�i eruty,and,to the exient rut covered by:nsurartcc ary claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale cf the equipment by C sterner,or its agents or employees.
or forthe cpnfisuaden o`trio equipment by any governmental authority because of illegal drimproper use.Customer shall additionally held Runyon harnress for all loss,liability and expense!n excess of the lint of lianldy provided for herer)as a
resat Of it urn,;oath o•property camaoe arisng out of Customer's use of the equipment. Neither Customer nor any other user of the equipmert shall be deemed the agent.servant or emp byse of Runyon In,any reason o:any purpose, During
the term of this Agreement.Custo'er assiimes full responsibility Tor the equipment to the public and any regulatory body having jurisdiction.
26,Delivery(Pick Up.Deliver;is made to closest point tr cx can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is invo ved.Oor service does rot in rude sell.up an;k.:ck 7ovr of tau es and N airs
If this service is required,arrangements should be made several days pilot to delivery with a special charge quoted.If no arrangements are made-and this service is de s:ied on delivery,our driver must call for autno:zation.If time permits,we,will
ry to aacornmcrate you after quoting the price.Or pick up where no prior arrangements have beer:made and rental items are not knocked do:vn and assembled in one sheltered area,tables attar chair',.+it.be left.nt!the rext day when a special
crew can be s thsalec There will be an add Tonal one day rental..A knock down fee will result if rental items are still up.
27.Waiver of uuryTrial.Each party:valves its right to a jury;vial of any claim or cause of action based on or arising o-+t of this agreement or the subject matter hereof,tits waiver pertains:c al disputes that may relate o the sub act matter here f,
including,vJ1hout;imitation,contract.tort breach of duty,,and all other common law and statutory claims,and will not be suhtect to any exceptions.Each party(A)understands that ih.s is a wa;v;r of npcirnart leca:rights and(S)acknowledges that
he'shard has had a reasorable Opportunity to discuss tns waiver and its effects with legal counsel.Accordingly,each party'knowingly,voluntarily.irrevocably and unconditionally waives its;ury it',a:rig.si
2$.Tickets.Fines and Penalties.You agree to fully acid promptly pea afl fines,penalties.park:np tickers.traffic tickets,Oils,court costs,at'Oi Heys'fees and other i tangos assessed during the:elm In ccprection w'm the use,parking,storage,an.T
or s!nn of r.,=e:- _,. eaard:cst;,^ th::ides'ib' 'the at ter of a del---.e You rent firm'Js.
29.Traiters anetl"owing.the cstorriets:asp^nsble f:+�msp^.c+iny and maintaining the irafi,_f coupifn•g medhamsn: safety-I a,rs.ail ce der:•r,.pins ar�.a:gritsr a s;,ic stn^soa.�arn,�.<ir:„hr_in. eosscs5 c i ;toe);r ogres'r°t
any ire:ar rented Ile:— in a careless or neg;igent manner,fb)at exposes speed or(c)wnife under the influence of medication alcchol O�illicit',rugs
30.Headings.The headings used nereii-are sc;ely for convenient reference and shall net be useo to construe or atect the:nterpretaion of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
I
i
i
All sales are also governed'dy the parties'Equioment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated at,,inconsistent,then the terms fin the Ei a pmem Purchase Agreement prevaa
AS-IS—NO WARRANTY:THE WARRANTY;S THE SOLE AND EXCLUSIVE VdARRANTY APPLICAS_E TO THE EQUIPMENT AND ALL OTHER EXPRESS Oil IMP IL ED WARRANTIES,INCLUDING.WiTHOJT LIMiTRNON,THE:MPLIED
WARRANTIES OF f•AERCHANTAGILITY AND FITNESS FOR.A PAR71CULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUI-M..ENT RUNYON SURFACE PREP SUPPLY 11C OJJR AFFILIATED COMPANIES WILL NOT 3E
UA6 E OR RECPONSIGLE FOFi ANY SPECIAL,!NCICEN'fAL GR CONSEQLENT!Au DAMAGES ARISING OUT OF OR RELATED TOTHE SALE OF THIS EQUIPMENT TO CUST OVER,REGARDLESS OFWHETHFR SUC^DAMAGES ARISE
JNDER THEORIES OF THE LAVE OF CONTRACTS Oil TOR1
RETURN POLICY FOR PURCHASED ITEMS:The custor^er;s bob e for al:shipping costs when returning or exchanging ac item to Runyon.,unless the product has been damaged during sIb:pp hg.Th,s policy also applies to warranty returns.As
stated:n the Punycn”Return Policy"when customers return art item or items for credit,a 25%restocking fee will be charged to your account;Pius all applicable inbound and cuibound freight.This policy a:sd applies to shipments refused and returned
All cancellations of whore goods are subject to a 214%(of total irvo-ced order!cancellation tee on in stock Items from Runyon.locations ONLY.Return shipping of the product.s not refundable.Al pads purchases are non refundable Any shipment
ecePved in conditions other thar brand new will ba charged 501,restocking fee of the total amount.All returns must be properly boxed before they are retarded,its the customer's responsibi:i;v to report any damages/shortages within 48 hours
of feceivir:g the product.Runyon will rot accept claims 48 hours after delivery.Runyon will net accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means cif
retuning iffrchar6se.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 Acv
fre;gnt related damage must be noted on rile signed Bf:l of Lading AT-HE TIME OF DELIVER')The purchase pr ce at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seder represents ano rrarranls that(a)Sevier has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Soifer has good and marketable ttie to the
Ede pmien.t;and(c)on the Trans'Er Date,Selzer will corvey dte same to Guyer,save only for the purchase morey ben.it any,to be retained by Seller should Sevier,at its core option:,elect to frnp rice all or a;: porton ut:rte Purchase Price)Buyer
represents an f^,arra.n.ts that:;f)Guyer has all necessary right;power ang authority to enter into and perform the transactions referenced herein:(ii)Buyer has selected and carefully inspected and examined the Equ;oment ano found he same to be
acceptaple to Buyer in a:l respects cased on criteria established sole'/by Buyer and not based on any recommendwinn by Seller;and(iii)Buyer has received,carefully reviewed and is sat!sf:zd with,all eve[able irarh;ng fnstructe^s.operating ano
use,manuals,and other informal(including alt training required under applicable OSHA and/Or ANSI Standards,if ary)regarding the prober and safe transportat;on,use,maintenance,repau and sfcrage of the Equit,imcnr.
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
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
GQJIPMENT 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
LA(LMEL•F151riER5•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 hag(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and 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 LOCATION TICKET #
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 247053
CARMEL IN 46074
Loc 100
_ —
.SSN _ P.HONE�,,;,,.�_. � �^I .:DATE°
W (317) 733-2001 OUT 10/18/12 8:58 AM MS
F (317) 733-2005
ID#3 PO/JOB # RECEIVED BY
JOHNSON, RANDY 10/18/12 8 : 59 AM MS
***FINAL*** Page: 1
QTY ITEM# EXT AMT, NET AMT
MIN HOURLY, `OVNITE 8-HOUR DAY WEEK` 4 WEEK
1 052837010059 PAINT MARKER W/HANDLE PA35 17 . 99 17 . 99 17 . 99
5 043281001977 PAINT MARKING GREEN FLO SEY 4 .50 22 . 50 22 .50
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment Is PROHIBITED. RENT 0.00
Customer Is liable for all damages&repairs that result from alternative fuel.
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 40.49
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 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 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 40.49
EQUIPMENT CELL
LEASED BY_X PHONE AMT BILLED 40. 49
EQUIPMENT - 18—OCT-12 08 : 59:23
RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless 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 goad condition,and that Customer understands its properse.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';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 awn 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
hours in one day,Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time.16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge.
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 dale of this Agreem ant 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 constilules a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe;(c)
Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written permission;(e)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(Biodiesel,E85,etc.)in Runyon equipment is prohibited.Customer is
liable for all damages and repairs that result from alternative fuel.Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8.Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires.Customer is totally responsible for all lire repair.It is Customer's option to check over the Gres before the equipment leaves and notify Runyan of any irregularities spotted.
10,Insurance. Runyon's insurance does riot cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been race;ed.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 Customer's consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipment without
Runyon's wrilfen permission.Any purported assignment by Customer is void.
13.Ttme 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 Ihis 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[lie"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 S'2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18.Damage Waiver.In consideration of the payment of additional rent 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[he
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 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 Customer's 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 Customer's property or goods in storage or in transit,or for any property left or stored in the equipment,or elsewhere
in the renting location.Customer agrees not to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees
harmless from and against any and all losses,liabilities,damages,injuries,claims,costs and expenses arising out of Customers use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeiluras 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 harein as a
result of injury.death or property damage arising out of Customer's use of the equipment.Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reason or any purpose.During
the term of this Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delivery is made to closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where-extra time is involved.Our service does not include set up and knock down of tables and chairs.
If this service is required,arrangements should be made several days prior to delivery with a special charge quoted.if no arrangements are made and this service is desired on delivery,our driver must call for authorization.If time permits,we will
try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be left until the next day when a special
crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental Items are still up. 1
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 all disputes that may relate to the subject matter hereof,
including,without limitation,contract,lorl,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
he/she41 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,andr
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 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. l
i
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 Ei uipment 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 MERNANTABILITY AND FITNESS FOR.A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIIATED 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.Thil policy also applies[o 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.
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.Its the customers responsibility to report any damageslshortages within 48 hours
yt 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
-etuming 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
refight 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 markatable title to the
Equipment;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
,.?presents and warrants that:Q)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;a Buyer has selected and carefully inspected and examined the Equipment and found the same to be
3 xeplable 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[raining,instructions,operating and
user manuals,and other information(including all training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
'( In consideration of the payment of additional rent classified as'damage waiver"by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
Y 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
tQUIPMENT►zENTAL 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
aWEL•1`15141ER5•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 responsiole 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.runyonrentar'.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 SHOP
3400 WEST 131ST STREET Con# 247058
CARMEL IN 46074
Loc 100
_ SSN ._ ' PHONE _ "DATE' TIME"
W (317) 733-2001 OUT 10/18/12 9:20 AM SAF
F (317) 733-2005
ID#3 PO/JOB # RECEIVED BY
SHOP DAVIS, JOSHUA ALAN 10/18/12 9:22 AM SAF
'FINAL' Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOURLY .OVNITE 8-HOUR DAY WEEK, 4 WEEK
1 00045 MIXER WIPERS 655-755-955 52 . 95 52 . 95 52. 95
IFTHE EQUIPMENTS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Biodiesel,E85,etc)in Runyon Equipment Rental,equipment is PROHIBITED RENT 0.00
Customer is table for all damages 8 repairs that result from alternative fuel.
I HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALE S 52 . 95
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 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 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 DGEDTHAAT CONDITIONS CORRECT COMPLETE RENTAL AGREEMENT I PROMISE READ ASEAACONDITIONR 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
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 52. 95
EQUIPMENT CELL
LEASED BY X PHONE AMT BILLED 52 . 95
EQUIPMENT 18-OCT-12 09:22:36
RETURNED BY X - RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that it has had an Opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges R
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 i nd/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 Qncuding
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 allorney's fees incurred by Runyon in such defense.
4.Rental Charges and Terms.Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time.Rental rates for equipment are based on usage during this eight(8)hour shill.If Customer runs the equipment for over 8
tours in one day,Customer will be charged[or 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 Agreemnt 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,%vthout 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 am/claims
for damage or trespass arising out of the removal of the goods.
9,Tires.Customer is totally responsible for all lire repair.It is Customers option to check over the 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 vrhen 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 lime 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).
15JIime 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 S's)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that If legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17,Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18,Damage Waiver.Inconsideration of the payment of additional rent classified as'damage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the
rental property 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 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 invatidiry,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,permds,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 Customers properly or goods in storage or fn transit,or for any property,left or stored in the equipment,of 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 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 trust 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 v:ith 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 chaifs'wfll 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 rip.
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.This waiver pertains to all disputes that may relate to the subject matter hereof,
including,without limitation,contract,forl,breach of duty,and all other common law and statutory claims,and will not be subject to any exceptions.Each parry(A)understands that this is a waiver of Important legal rights and(B)acknowledges that
he/she4l has had a reasonable opportunity to discuss this v;aiver 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,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.Traflers andTowing.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 trailer rented from LESSORIDEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)white 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.
i
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 LAIN OF CONTRACTS ORTORT
1
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`,6 restocking fee will be charged to your account,plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25%(of total invoiced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.All parts purchases are non refundable.Any shipment
:aceived in conditions other than brand new will be charged 50%restocking fee of the total amount.All returns must be property 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 will 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 time limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any
refight 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 litle to the
Equipment and(c)on the Transfer Dale,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
-epresents and warrants that:i)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;r)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
.iser manuals,and other information(including all training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
In consideration of the payment of additional rent classified as"damage waiver"by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
®� ® have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
Y 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
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,if a total loss,will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
GARMEL•f15HE7-5•INDIANAPOLI5 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter In substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the 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 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
RENT,D.. TO JOB LOCATION : TICKET #;
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 246391
CARMEL IN 46074
Loc 100
SSN'„ PHONE DATE. :
W (317) 733-2001 OUT 10/12/12 8 : 41 AM WH
F (317) 733-2005
ID#3 PQ/JOB #., RECEIVED".BY
PRIVETT, SHAUN R 10/12/12 8 : 44 AM WH
***FINAL*** Page: 1
QTY ITEM# EXT AMT NET AMT:
MIN HOURLY OVNITE 8—HOUR . DAY _ WEEK 4 'WEEK
1 1145-2000-50 HOSE 2"X50 ' BLUE PVC DISCHARGE 44 . 99 44 . 99 44 . 99
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED RENT o.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 44 . 99
FULLY UNDERSTAND THOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER �.oo
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 o 00
THE
ACKNOWLI DGE D T HCOAT ITTIIS CORRECTT,,RCOMP ETIE ANDTACCURA EMEN PROMISE THATD ASBAACONDITION OFTRENTING S'A'LES TAX o 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 44. 99
EQUIPMENT. CELL
LEASED BY X PHONE AMT BILLED 44 . 99
EQUIPMENT 12-OCT-12 08: 44 : 07
RETURNED BY X - RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless 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 ii;
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,OR THAT
IT IS FREE FROM DEFECTS.
3,Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment and/or arising out of Runyon's negligence
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which(1)relate to injury or to destruction of
property,or bodily injury,illness,sickness,disease or death of any person Qncluding 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 fiability 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
hat 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 overt?
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.
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 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 resufl 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 arsino out of the removal of the goods.
9.Tires.Customer is totally responsible for all lire repair.It is Customers option to check over the 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 properly and
payment has been rece;•ed.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 wrhen 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 v:Ritten 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 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 S'z)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 plus the cost cliental 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 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.
21 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 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(hat 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 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 lines,penalties and forfeituras 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 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 knack 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.This waiver pertains to aIt disputes that may relate to the subject matter hereof,
including,without limitation,contract,fort,breach of duty all other common law and statutory claims,and will no(ba subject to any exceptions.Each party(A)understands that this is a waiver of important legal rights and(B)acknowledges that
helsheft 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 tosv
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 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 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 LAIN 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"Retum 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.
All cancellations of whole goods are subject to a 25%(of total invoiced order)cancellation fee on in slack 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.Its the customers responsibility to report any damages/shortages within 48 hours
it receiving the product.Runyon wilt 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
-ehurring merchandise.Runyon's MRA's are valid for 30 days after issuence,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
refight 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.
CIEPRESENTATIONS 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 fifle to the
equipment and(c)on the Transfer Dale,Seller will convey the same to Buyer(save only'or 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
,.?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
user manuals,and other fnforma(fon(inducing 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 night,or any right it might
®� ®� have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
Y 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
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
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 that in the event the Rentee violates any of the tens and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half it 1/2)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 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 ADIOS PASS
3400 WEST 131ST STREET Con# 246413
CARMEL IN 46074
Loc 100
SSN•..- �` .�'�- = PHONE-- "-,._ ', .-.-, DATE
W (317) 733-2001 OUT 10/12/12 10: 18 AM SAF
F (317) 733-2005
ID#3 ' PO/JOB .#. RECEIVED BY
ADIOS PASS TABAK, TRAVIS MITCHELL R TURNED 10/12/12 2 :10 PM WH
.***FINAL*** Page: 1
QTY- ITEM# EXT
AMT', NET. AMT
MIN HOURLY.: OVNITE 8-;HOUR :DAY WEEK 4' WEEK'
1 7062-0012 PUMP TRASH 2" 180 GPM 40 . 00 40. 00
$40 . 00/4 50. 00 50 . 00 200 .00 600 . 00
IFTHE EQUIPMENT 5 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 40.00
Customer is liable for all damages&repairs that result from alternative fuel.
I HAVE BEEWINSTRUCTED&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 .
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 2 .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 ACKNOWLEDGED THAT ITTIIS CORRECT,T,RCOMP COMPLETE ANDTACCURATE MENPROMIISE READ AS ABOVE OFTRENTING SALES TAX 0.00
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY 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 42.00
EQUIPMENT CELL
LEASED BY X PHONE AMT BILLED 42 .00
EQUIPMENT RENTAL FEES DO NOT APPLY TO PURCHASES. :2 5
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 ALL TIRES,DUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer 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 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(ncuding
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 anclTerms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time.Rental rates for equipment are based on usage during this eight(8)hour shift!If Customer runs the equipment for over 8
hours in one day,Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running 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 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 for all damages and repairs that result from alternative fuel.Runyon checks the ail 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.T'ires.Customer is totally responsible for all tire repair.It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10.Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been 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 Customer's consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipment without
Runyon's wrillen 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'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 limes remain with Runyon.Failure to return the equipment by Ilia"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 attorneys fees,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 Slate of
Indiana and that if legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18.Damage Waiver.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 plus the cost of rental up to the lime 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,unanforceability,or waiver of any of the provisions shall not affect file 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 Customer's use or operation of flee equipment.
24.Charges,Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stared 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 tram and against any and all losses,liabilities,damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by
any governmental entity,and,to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or Improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a
result of injury.death or property damage arising out of Customer's use of the equipment.Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reason or any purpose.During
the term of this Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delivery 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 chafrs wrill 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 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 hereol.This waiver pertains to all disputes that may relate to the subject matter hereof,
including,without limitation,contract,fort,breach of duty 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
helshe4t 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'lees 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 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 drugs.
30.Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties'Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevail.
AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY.APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL.INCIDENTAL OR CONSEQUENTIAL DAMAGES A9ISING 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"Retum 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 property boxed before they are returned.Its the customer's 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
-etuming 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 litle to the
Equipment;and(cl 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:Q)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;Co)Buyer has selected and carefully inspected and examined file Equipment and found the same to be
mxepfabte 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
aser manuals,and other information(including all training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
In consideration of the payment of additional rent classified as"damage waiver'by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
O ® 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
V 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 REr1TAL 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
LARMEL o FISHERS C 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 vitiates 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 J 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 JOB LOCATION TICKET #"
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 246704
CARMEL IN 46074
.Loc 100
- - SSN PHONE;.. __ ._ DATE ;-.,.:TIME ..`.
W (317) 733-2001 OUT 10/15/12 9:28 AM MS
F (317) 733-2005
ID#3 - PO/JOB # RECEIVED BY
ZELLER, STEPHEN W R TURNED 10/15/12 3 : 51 PM MS
***FINAL*** Page: 1
QTY ITEM# EXT- AMT NET. -AMT
MIN HOURLY ,OVNI-TE, 8=HOUR DAY WEEK 4 '.WEEK
1 4104-0000 EXCAVATOR BUCKET 70/80Z C 24" 0. 00 0.00
1 8787-0001 EXCAVATOR 70Z 1411" DIG 57 HP 325. 00 325.00
$275. 00/4 325. 00 325 . 00 1200. 00 3400 . 00
2 079423024009 PUTTY KNIFE 3" ANG HYDE STIFF 5.39 10 . 78 10 .78
4 . 95 5 DIESEL 6.50 32 . 18 32 . 18
Rental Note(s) CUSTOMER IS RESPONSIBLE FOR TRACKS IF THEY COME
OFF MACHINE. X
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"OATS YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 325.00
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 42 .96
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0. 0
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON,I
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 16.25
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 384 .21
EQUIPMENT CELL
LEASED BY X - PHONE AMT BILLED 384 .21
EQUIPMENT 2 0
ETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES 52 :
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,DUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and rinds it suitable for its needs and in good condition,and that Customer understands its propel r use.Customer further acknowledges itE
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 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 attorneys fees which(1)relate to injury or 10 destruction of
property,or bodily injury,illness,sickness,disease or death of any person Qncluding employees of Customer),and(2)are caused by,or claimed to be caused,in whale or in part,by the equipment leased herein or by the liability or conduct(ndudng
active,passive,primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses
and attorney's fees incurred_fn 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'actioh on its awn 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 CKarges_andTerms..Equipment wilh 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)h'ourshift.I If Customer runs the equipment for over 8
hours in one day,Customer will oe 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 oral 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 Off 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.
6.Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires.Customer is totally responsible for all lire repair.It is Customers option to check over the fires before the equipment leaves and notify Runyon of any irregularities spotted.
10,Insurance. Runyon's insurance does not cover equipment while in 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 receb,,ed.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11.Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-live dollars(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 wfillen permission.Any purported assignment by Customer is void.
13.Tfine of Return.Customers right to possession terminates on the expiration of the rental period("Due In'dale&time)and retention of possession after this time constitutes a material breach of this Agreement.Time is of the essence in this
Agreement.Any extension most 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 t0 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 S'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 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 ihereafter.
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 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. i
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 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 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 ser ice does not include set up and knock down of tables and chairs.
If this service is required,arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorization.If time permits,we will
try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area.tables and chairs will be left until the next day when a special
crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental Items are still up.
27.Waiver of JuryTriaf.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 fatale to the subject matter hereof,
including,without limitation,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to any exceptions.Each parry(A)understands that this is a waiver of Important legal rights and(B)acknowledges that
he/sherl 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 fights.
28.Tickets,Fines and Penattles.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,vlh 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 trailer rented from LESSOR.rDEALER(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.
i
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties'Equipment Purchase Agreement.If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevail.
AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,WITHOUTLIMITATION,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 LAIN 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 Hems for credit,a 25%restocking fee will be charged io your account,plus all applicable inbound and outbound raightCTfiis 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'arts,pure ases 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 propefly boxed before they are returned:It's the customers responsioility to report any,da'mages%shoriages within 48 hours
N 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);Runyonwill 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 time limit expires.Runyon will absolutely not,under any cfrcumslarices;issue'an MRA for teturns on used or damaged products.Any
night 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.
4EPRESENTATIONS AND WARRANTIES:Sailer 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 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 sale 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;(i)Buyer has selected and carefully Inspected and examined the Equipment and found the same to be
e,xeptable 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(fncfuding all(raining 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 nor coal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
AVA 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,Iheft or other gross negligence of the Rentee.This damage waver 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,bruses,cuts,punctures or
EQUIPMENT¢ENTAL 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 vAll pay list for parts,labor or,if a total loss,will pay replacement cost of equipmenl.
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
GARM6L•FISt16tz5•t 7otANAY0U5 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 ne equipment
to Renter In substantially good condition as when received,natural wear and tear excepted.
3-17 - - 8888 The parties agree that in the event the RentEr violates any of the terms and conditions of this agreement,Vie Renter may collect damages together with reasonable attorney
firs,cos t costs and'a V rest of a e an l a o I Mfl(1 12)percent per moral a,kted b actamts over ten(10)days old reflecting an annual percentage rate of eighteen(18)percerrt
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 responsble for arry 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" warrantes 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 intone or any other
www.runyont,et)t,gl.com incidental damages,even those damages caused by the negligence of Rentee,together wth attorney fees for defending any action brought as a result of the lease
of this equipment.
Open T Days d 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 -1 JOB. LOCATION TICKET #
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 246803
CARMEL IN 46074
L'oc 100
SSN `, PHONE DATE TIME
W (317) 733-2001 OUT 10/16/12 8:48 AM MS
F (317) 733-2005
ID#3 PO/JOB #„ RECEIVED` BY
BROWNING, TIM 10/17/12 9 :24 AM
***FINAL*** Page: 1
QTY ITEM# ,. r. T
. EXT'.AMT ... ,.NET _AMT'
-
MIN HOURLY OVNITE 8-HOUR" - ;;DAY WEEK - 4' WEEK
1 1.03 PROPANE 60 POUND REFILL 38.90 38.90
•F T HE EQUIPMENr IS NOT FETURNED BI DUE IN"DATF—YWAILL BE SUBJECTTO A CHARGE OF CONVERSION(IHEFT).
Use of alternative fuels,(Biodiesel,E85,etc")in Runyon Equipment Rental,equipment is PROHIBITED RENT 0.00
Custcmer is liable for all damages&repairs that result from alternative.fuel.
I HAVE SEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT ANDi SALES 38.90
N,S'Pt)CID0 I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I OTHER 0.00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.0 0
BY RUtMN EQUIPMENT RENTAL ,YN _ _
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 Or RENTING SALES TAX 0.00
EQUIPMEN1 T I+A1 1=MY EMPLOYMENT.ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY RUN'rON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS.
FEES,AND/OR INTERESTCHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAkjAGES1O PROPERTY ASA RESULT OF THE DEPOSIT 0.00
RENTAL CF THIS EQUIPMENT, IF EQUIPMENI 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 10 SATISFY EQUIPMENT REPAIR LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT CELL TOTAL DUE 38.90
LEASED BY X -- ----- -- P`fQNE- AMT BILLED 38.90
EQUIPMENT RETURNED BY X RENTAL FEES DO NOT AWt2bC'Q CHA�i: 09:47
RETUR Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,DUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Rw-fyan Equipment Rental has been notified. we charge a 5 Damage Waiver on all equipment rentals.
VOUCHER NO. WARRANT NO.
Runyon Equipment Rental ALLOWED 20
IN SUM OF $
410 W. Carmel Drive
Carmel, IN 46032
$833.37
ON ACCOUNT OF APPROPRIATION FOR
Carmel Street Department
PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members
2201 43-530.99 $656.04 1 hereby certify that the attached invoice(s), or
2201 42-370.00 $138.43 bill(s) is (are) true and correct and that the
2201 42-311.00 $38.90
materials or services itemized thereon for
which charge is made were ordered and
received except
„Thursday,,November 01, 2012
x
z/"'
"' "�"' •
Sheet Commissioner
0 V
C�Title)issicrer
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))
10/25/12 $656.04
10/25/12 $138.43
10/25/12 $38.90
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