214889 11/20/2012 �,. CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $120.75
CARMEL, INDIANA 46032 410 W CARMEL DRIVE
CARMEL IN 46032 CHECK NUMBER: 214889
CHECK DATE: 11/20/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1096 4239039 247979 120 . 75 GENERAL PROGRAM SUPPL
In consideration of the payment of additional rent dassifled as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or arty right it might
R U NYO N have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
A'X- property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reddess,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding its rated capa*,,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
F,QUIVMEN fNTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
CARMEL a FI$R67*•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 corxiltions of this agreement,the Renter may coiled damages together with reasonable attorney
fees,court costs and interest of one and one hag(1 12)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am - 5:30 pm •Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm
RENTED TO JOB LOCATION TICKET #
CARMEL CLAY PARKS & RECREATION # 1356 MC003395
1411 E. 116TH STREET Con# 247979
CARMEL IN 46032
Loc 100
$SN' PHONE -DATE TIME
W (317) 848-7275 OUT 10/27/12 2:24 PM SAF
F (317) 571-2468
ID#3 PO/JOB # RECEIVED BY
MC003395 HART, SHAWN M RETURNED 10/28/12 9: 45 AM BL
***FINAL*** Page: 1
QTY ITEM#
EXT AMT NET "AMT
MIN HOURLY OVNITE 8—HOUR DAY . WEEK 4 WEEK
1 5457-0005 LIGHT PLANT 4 HEAD 6000W GEN _ q,.^.j� 115. 00 115. 00
$115. 00/D 115. 00 115. 00 3&0� 00 00.. 00
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Date
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Date
IFTHE EWIIPMENT IS NOT RETURNED BY"WE N'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 115.00
Customer is liable for all damages 8 repairs that result from alternative.fuel. SALES 0.00
I HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTAND THOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I DW/FEES 5. 7 5
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X �€ NA-;^E 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 SALES TAX 0.00
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 120.75
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT ( % CELL AMT BILLED 120.75
LEASED BY X k" }I T NIA MC PRONF
28-OCT-12 09: 45:32
RETURNED BY X S1
G7 i T UR RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME 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 INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
Waiver on all Damage a 5%We charge equipment rentals.
malfunctions unless Runvon Enuinment Rental has been notified. 9 9
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suita'le for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereirafter"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 harrriess for,property damage and personal injuries,including death and dismemberment,caused by the equipment and/or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorneys fees which(t)relate to injury or to destructioh pf
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[eased herein or by the liability or conduct(including
active,passive,primary or secondary)of Customer,its agents or employees,or anyone to,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 attorneys fees incurred in such defense andler 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 attorneys fees incurred by Runyon in such defense.
4.Rental Charges and Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour shift. If Customer runs the equipment for over 8
hours in one day,Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running lime. 16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a3-day charge.
5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the future;except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of 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 ennplryees,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(Biodiesei,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 d s rznletl to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8.Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires. Customer is totally responsible for all tire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10.Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is rasponsible for insuring the equipment once it leaves Runyon's property and until it has been returned io 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 iS65.00)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
Runyons written permission.Any purported assignment by Customer is void.
13.Time of Return. Customer's right to possession terminates on the expiration of the rental period("Due In'date&time)and retention of possession after this time constitutes a material breach of this Agreement.Time is of the essence in this
Agreement.Any extension must be mutually agreed upon in writing.
1 i.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(thattl. - - —
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 agreemem,Runyon may collecl damages t^cether with reasonable attorneys fees,court costs and
merest of ere and one half(t':i)percent per month added to accounts over fen(?0)days old.reflecting an annual percentage rate of eighteen(?8)percent.Customer agrees that this anrzernent is fo be construed under the laws of the SM te of
Indiana and that it legal action is brought to enforce this agreement,that Hamilton Courty.Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and C-s orter at a later time.
17.Waiver.Any failure by either parry to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18.Damage Waiver.In consideration of the payment of addlfional rent classified as"damage waver"by Customer,Hunypn agrees lo,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 Ina 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 capac iy,of damage to tires,tubes and:vheeis caused by blowout,cruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is riot 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 dollar($65.00)per hour plus parts.
20.Severability.The provisions of this Agreement shall be severable so trial the invalidity,urenforceability 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 tines,required by or resulting from the Customer's use or operation of the equipment.
24.Charges.Customer shall pay ail charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reirnbursement is due Customer in the event that fewer
days and/qr 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 time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees
harmless from and against any and all losses,liabilities,damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by
any govemmental 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 irjurv,death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shaitbe deemed the agent,servant or employee of Runyon for any reason:or any purpose. During
fhe term of this Agreement,Customer assumes full responsibilily 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.Out service does not ihclude set by and k;rock down of tables and chairs.
It 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 cipied on i elivery,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,taoi s 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 it 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 heaoT,'fiis waiver po%iains to all disputes it-fat may relate to ttie subject matter hereof,
includino,without limitation,contract,tort,breach of duty,and all other common lave 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/shelii 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 iffy trial rights.,'
28.Tickets.Fines and Penalties.You agree to fury and promptly pay all fines:penalties,parking tickets.traffic tickets,tolls.court costs,alter fees and other charges assessed during the Term in connection with the use,parking;storage,ands
or possession of the.Equipment,regardless of the identity of the d;ivl--r of any vehicle You rent from Us.
29,Trailers and Towing.The customers responsible for inspecting and maintaining the trailer coupling rnechan sm.safety chars all to downs.pins and'ghts if a safe and secure cnndlt.or wh to tYe possesson Customs,agrees r ut to tow.
any trailer rented from LESSORJDEALER(a)in a careless or negligent manrer,(b)at excessive speed or(C)while under the influence of medication.alcohol;or illic i drugs.
30.Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect t.e interpretation of this.Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales ar e 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.
l.
-NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,?NCLUDING,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OF MERCHANTABILI TY AND FITNESS FORA PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL.INCIDENTAL.OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customers liable for all shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also applies to warranty returns..As
stated in the Runyon`Return Policy:'when customers return an item or items for credit,a 25%restocking fee will be charged to your account.plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subjec'to a 25s',(ot total invoiced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.All pads purchases are non refundable.Any shipment
received in conditions other than brand new will be charged 5l restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the customer's responsibility to report any damagesf(shortages within 48 hours
of receiving the product Runyon will not agcepl Naims 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
eturning merchandise.Runyon's ".RA's are valid for 30 days after issuance.MRAS are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any
freight reiated damage must be noted on the signed Bill of leding Ai THE TIME OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seller represents and',varranis that(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein:(b)Seller has good and marketable title to the
Equipment,and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer
represents and warrants that:(i)Buyer has ail necessary right,power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined the Equiprent 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,instruct.ions,operating and
user manuals,and other information fincluding ail training required under applicable OSHA and/or ANSI Standards:if any)regarding the proper and safe transportation,use,maintenance:repair and storage of the Equipment.