HomeMy WebLinkAbout214807 11/20/2012 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL
' CARMEL, INDIANA 46032 410 W CARMEL DRIVE CHECK AMOUNT: $411.73
CARMEL IN 46032
CHECK NUMBER: 214807
CHECK DATE: 11/20/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
2201 4231100 STREET 44 . 59 BOTTLED GAS
2201 4237000 STREET 46 . 89 REPAIR PARTS
2201 4353099 STREET 320 . 25 OTHER RENTAL & LEASES
RUNYON EQUIPMENT RENTAL
410 WEST CARMEL DRIVE
CARMEL, IN 46032
(317) 566-8888 STATEMENT DATE: 11/08/1.2 503
PRINTING DATE: 11/08/12
-.--- -- •REMIT`TO:
CARMEL STREET DEPARTMENT RUNYON EQUIPMENT RENTAL
3400 WEST 1.31ST STREET 410 WEST CARMEL DRIVE
CARMEL IN 46074 CARMEL, IN 46032
DATE INVOICE# LOC DESCRIPTION AMOUNTS CREDITS BALANCE... ',
09/27/12 244493 100 PO# 98TH ST 829 . 50 0 . 00 829 . 50
10/04/1.2 245331 100 PO# KEYSTONE 122 .23 0.00 122 .23
10/04/12 245399 100 PRESSURE WASHER 2000 52 . 50 0.00 52 .50
10/04/12 245469 100 BOBCAT PARTS & SALES 59 .00 0.00 59. 00
10/05/1.2 245460 100 POJI 106TH ST 120.75 0. 00 120.75
10/12/12 246391 100 HOSE 2"X50 ' BLUE PVC 44.99 0. 00 44 . 99
1.0/12/12 246413 100 PO# ADIOS PASS 42 .00 0. 00 42 . 00
10/15/12 2'46704 100 EXCAVATOR BUCKET 70/-. 384 .21 - 0.00 -384..21 _-
10/17/12 2468:03 1.00 PROPANE 60 POUND REF 38.90 0 .00 - 38 .90
10/18/12 247053 100 PAINT MARKER W/HANDL 40 .49 0.00 40. 49
10/18/12 247058 100 PO# SHOP 52 . 95 0. 00 52 .95
1.0/24/12 24752.9 100 PRESSURE WASHER 2000 52 .50 0. 00 52 .50 _
10/25/12 247700 100 ARROW BOARD 136 . 50 0 .00 136 .50
10/25/12 247730 100 PARTS FROM SHOP 3 . 95 0.00 3 .95
10/26/1.2 247855 100 POif SHOP 7 . 95 0.00 7 .95
10/30/12 2481.87 100 POiI SHOP 30. 99 0. 00 30.99 V
10/31/12 248272 100 PO#} POLICE DEPT 183 .75 0. 00 1.83 .75
1.1_/07/1.2• 2491.42 100 PROPANE 60 POUND REF 44 . 59 0. 00 44.59 '
11/07/1.2 2491-55 100 CHIP HAMMER REPLACEM 4. 00 0. U0 4.00l�
****Unapplied Payments**** Amount Allocated Remaining
CURRENT ;.,, 3 0 :DAYS`.; :;6 0 DAYS
'90 .DAYS- 12;0','-DAYS .TOTAL DUE
L067 .77 _ 1 83 98 0.00 0. 00 _0 00- 2251.75
cl
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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 arty right it might
R U NY®N A— have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
A'�A property rented a sum equal to 5%of rental charge.This'damage waiver'does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use
SURFACE FI�P RENTAL 5,5UPPLY of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,t a total loss,will pay replacement cast 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.•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 mat in the event the Rentee violates any of the terms and conditions of this agreement the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half(1 12)percent per moth added to accounts over ten It 0)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 Render 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 o 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.eom incidental damages,even those damages caused by the negligence of Rentee,together w th 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# 249142
CARMEL IN 46074
Loc 100
PHONE DATE TIME
W (317) 733-2001 OUT 11/07/12 9:26 AM SAF
F (317) 733-2005
ID#3 _.,PO/JOB # RECEIVED BY
BROWNING, TIM 11/07/12 9:27 AM SAF
***FINAL*** Page: 1
QTY - ITEM# EXT AMT, . NET AMT
MIN HOURLY OVNITE , B-HOUR DAY WEEK 4 WEEK
1 103 PROPANE 60 POUND REFILL 38 . 90 38 . 90 38 . 90
1 072874129040 GLOVE LEATHER PALM LG 1290L -, � 5< 69 5. 69 5. 69
k
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IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN'DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEM RENT 0.00
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 44.59
1 HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0.00
FULLY UNDERSTAND THOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY AND
THAT RUNYON SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY DW/FEES 0.00
OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X ;-�-I'uA!(,;RF Addl TAX 0,00
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE SALES TAX O.O O
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 EQUIPMENT THAT IF MY DEPOSIT 0.0 0
EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON SURFACE PREP RENTAL&SUPPLY
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 44 .59
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$a5 AN HOUR. AMT BILLED 44.59
EQUIPMENT - -� -; ,.; j/;-, CELL
LEASED BY X �_I-:li.t 1 4='o PHONE 07-NOV-12 09:27 : 46
RETUNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
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,FUEL AND ELECTRIC CURRENT. will apply. X iNF iAL
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
,,.,femme Doi.,,,.,., c„riera Oran Dental AIL c„nnh,Mae haan nntifia`I We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection,Customer acknowledges that if has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands is proper use.Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Surface Prep Supply LLC (hereinafter"Runyon')of any defects.
2.WARRANTiES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,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 attorneys 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!eased herein or by the liability or conduct(including
active,passive,primary or secondary)of Customer.its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
n 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 ail costs,expenses
and attorney's fees insured 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 lot 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.
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 raw 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.(e)Use at any location other than the address furnished Runyon without Runyon's writfer.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 C11 apply.Also,use of alter:alive 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 m,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($65.00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assigr its rights under this Agreement without Customers consent,but will remain bound by all Obligations herein.Customer may 1101 Sublease or loan the equipment without
Runyon's written permission.Any purported assignment by Customer is void.
13.Time of Return. Customers right to possession terminates on the expiration of the rental period(`Due In"date&time)and retention of possession,after this time constitutes a material breach of this Agreement.Time is of the essence in this
Agreement.Any extersion must be mutually agreed upon in writing:
14.Late Return.Title to equipment is and shall at a'f 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 If!)percent per month added to accounts over fen(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 sure 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 time 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 lo>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 the equipment.
24.Charges. Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any 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 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 chairs will be left until the next day when a special
crew can be scheduled.There will be ar,additional one day rental.A knock down fee will result if rental items are still up.
27.Waiver of Jury Trial.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 iirnitation,contract,fort,breach or 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/sheAt 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 rutty and promptly pay all fines,penalties,parking tickets.traffic tickets,tolls,court costs,attorneys'fees and other charges assessed during the?err in connection with the use,parlcng,storage,and?
Or possession of the Equipment,regardless of the identity of the driver of any vehicle You rent from Us.
29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie;owns,pins and lights in a safe and secure condition while in Their possession.Customer agrees not c tow
any trailer rented front 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 A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON SURFACE PREP SUPPLY LLC OR AFFILIATED COMPANIES WILL NOT BE
LIABLE OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TOTHE SALE OFTHIS EQUIPMENTTO 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;hipping 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 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
received 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 customer's responsibility 10 report any damages/shortages within 48 hours
of 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
returning merchandise,Runyon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any
freight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable title to the
Equipment;and 0)or the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,it any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer
represents and warrants that:(i)Buyer ties all necessary right,power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seiler,and(iii)Buyer has received,carefully reviewed and is satisfied rnth.all available training,instructions,operating and
user manuals,and other information(including al 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 lt might
R U N�(®N have against the Rentee,arising from normal damage of the rental property,normal damage to be deterrr ned by Renter.The undersigned shall pay upon return of
ArA property rented a sum equal to 5%of rental charge.This'damage waiver'does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to recldess,careless or abusive operation or use
5URFAGE PREP RENTAL r+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,9 a total loss,will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
CARMEL•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 N the event the Rentee violates arty of the terms and conditions of this agreement,the Renter may tolled damages together With reasonable attorney
ices,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 It 8)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for It any liability connection with the
use of this equipment. The Rentee agrees to 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# 249155
CARMEL IN 46074
Loc 100
( DATE -- TIME
W (317) 733-2001 OUT 11/07/12 11:01 AM SAF
F (317) 733-2005
ID#3 PO/JOB .#., RECEIVED BY
BENTLEY, JAMES 11/07/12 11 :02 AM SAF
***FINAL*** Page: 1
AMT NET"AMT
MIN HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK
1 0998989 CHIP HAMMER REPLACEMENT SPRING !4 . 00 4 .00 4 .00
t ^,
j�
IFTHE EOUIPMENT IS NOT RETURNED BY•'DUE IN"DATE,yDU WILL BE SUBJEcrM A cHmGE OF cmvERSION 7 RENT 0.00
Ose'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 4.00
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&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 SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY DW/FEES 0.00
OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X 5!31",i U R E Addl TAX 0.00
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO REM 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 4 .00
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. AMT BILLED 4 .0 0
EQUIPMENT PjR I T NI/k I,-- CELL 07-NOV-12 11 : 02 : 95
LEASED BY X \ I PHONE
EQUIPMENT
i 1 ± t i t L
RETURNED BY X e h,
RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES,FUEL AND ELECTRIC CURRENT. will apply. X ;NI I
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
oinfaee O,onvnn Cjirfara Oran Denim R C,onnh,hae f,amn nnfifiarl We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon 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 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(.j 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!eased herein or by the liability or conduct(Inc:ding
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 andror 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.
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 hems with respect to which Customer executes a new Agreement).
6.Prohibited Uses. Use of fhe 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;
to
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 retired 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!;able for any claims
for damage or trespass arising out of the removal of the goods.
9.Tlres.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 CUST03.1ERS
RESPONSIBILITY,
11.Cleaning Charges. Equipment is to be returnee to Runyon as clean as when it left.A charge of sixty-five dcllars(565.0,01 per hour will be charged for cleanup.
12,Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipment without
Runyon's written permission.Any purported assignment by Customer is void.
13.Time of Return. Customer's right to possession terminates on the expiration of the rental period(.Due n date&time)and retention of possession after this lime constitutes a:material breach of this Agreement.Time is of the essence in this
Agreement.Any extension must be mutually agreed upon n 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 tenninatron of the rental period.
16.Violation of Agreement and Venue Costs. Customer agree=s 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 lees.court costs and
interest of one and one halt(1!.4)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen If 8)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 Wartime,
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 waive('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.bruisas,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 M Runyon.
22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23.Fees,Licenses,Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of the equipment.
24.Charges. Customer shall pay all charges required under this Agreement upon demand,Customer agrees ilia[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 iniles are actually used.
25.Other Liability.Customer assumes all risks from the improper use or 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 e'ssewhere
in the renting location.Customer agrees not to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees
harmless from and against any and all losses,liabilities,damages,injuries,claims,costs and expenses arising out of Customer's use or Possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by
any governmental entity,and,to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or its agents or employees:
or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for ail loss,liability and expense in excess of the limits of liability provided for herein as a
result of injury,death or 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 terra: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.
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 desired on delivery,our driver must call for authorization.If time permits,we will
try to accommodate you after quoting the price.Or pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be left until the next day when a special
crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up.
27.Waiver of JuryTrial.Each party waives its right to a jury trial of any claim or cause of action based on or arising out Of this agreement:or the subject matter hereof.This waiver pertains to a':t disputes that may relate to the subject matter hereof.
including,without limitation,contract,tort,breach of duty,and all other common law and statutory claims.and will nol be subject to any exceptions.Each party(A)understands that this is a waiver of important legal rights and(B)acknowledges that
he/sheilt 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 tra rights.
28.Tickets,Fines and Penalties.You agree to fully and promptly pay all fines,penalties parking tickets traffic tickets.tolls,c�lit costs,ahot neys fees and other charges assessed Owing rig e-ern in connection ttlfh the use-p-rKmg swage and
or possession of the Equipment,regardless of the identity of the driver of any vehtcie You rent from Us.
29.Trailers and Towing.The cusmimer is responsible for inspecting and maintaining the trailer coupling mecl a Y. m safety chains,all tie downs,pins and lights in a sate and secure condition while in ihe,r possession CbSfomer agrees-iot',o tow
any trailer rented from LESSOR'DEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)whue under the influence of medication,alcohol,or illicit drugs.
30.Headings.The headings used herein are solely for convenient reference and shall riot be used to construe or affect the interpretation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties Equipment Purchase Agreement. it 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 iMPLED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON SURFACE PREP SUPPLY LLC OR AFFILIATED COMPANIES WILL NOT BE
LIABLE OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OFTHIS EQUIPMENTTO CUSTOMER,REGARDLESS OFWHETHER 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 n the Runyon`Return Policy."when customers return an item or items for credit,a 25`<restocking fee will be charged to your account,plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 254!(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
received 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 tie customer's responsibility to report any damages/shortages within 48 hours
of 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
returning merchandise.Runyon's MRA's are valid for 30 days after issuance.MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any
freight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that(a)Seller ties all necessary right,power arid authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable tifle to the
Equipment;and(c)or the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,it any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer
represents and warrants that:(i)Buyer has all necessary right power and authority to enter into and perform the transactions referenced herein:(ii)Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptab€e to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(iii)Buyer has received,carefully reviewed and is satisfied with,all available training,instructions,operating and
user manuals,and other information(including all training required under applicable OSHA andor 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 classed as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
P*U1yy o 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�=�= or in thee caste of abusivedamage,theft or rental therg gross This of the Rentee.not
This damages waiver shall oft apply toreceddessrcareleess or abusive k operation or use
t URFACE PREP RENTAL 9r SUPPLY of the Equipment,use or operation of the Equipment exceeding its rated rapacity,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 acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
GAWel-•1`15HER5•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 sent the Rentee vblales any of the terms and conditions of this agreement,the Renter may cokd damages together with reasonable attorney
fees,court costs and Merest of one and one half(1 12)percent per month added to accounts overten(10)days old,reflecting an annual percentage rate of eoTteen(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 disdaims all warranties,either expressed or implied,including any implied
"Don't be a toot-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonsurfaceprep.com incidental damages,even those damages caused by the negligence of Rentee,together with 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# 247700
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733-2001 OUT 10/25/12 9: 14 AM MS
F (317) 733-2005
ID#3 PO/JOB # RECEIVED BY
BELL, DARRYL R TURNED 10/25/12 1: 00 PM SAF
***FINAL*** Page: 1
QTV _TEM# EXT .AMT NET AMT
i_ MIN HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK
1 5450-0010 ARROW BOARD �` .� 65 . 00 65. 00
$65.00/D 65.00 65. 00 195-60 . 5$5 . 00
1 5450-0016 ARROW BOARD �� '� a6 � � 65. 00 65.00
$65.00/D 65. 00 65:°00 '195-00 585. 00
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN'IMTE YOU WILL BE SUaJECTTO A CHARGE OF CONVERSION(TH RENT 13 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 UNDERSTAND THAT I AM THE PERSON RENTING THIS 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 6.50
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X ;,GIr.ATURE Addl TAX 0.00
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO REM 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 136.50
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$95 AN HOUR.
EQUIPMENT �'''a! fifi CELL AMT BILLED 136.50
LEASED BY X i; i` r 0e i�')I^ PHONE
25-OCT-12 13 : 00:45
EQUIPMENT
RETURNED BY X u�,,VL.'�YI( r°9., TU I �', RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES,FUEL AND ELECTRIC CURRENT. will apply. X i u111AL
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
nniacc Runvnn Surface Fran Rental R sunn1v has hPpn nntiffa_d_ We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
t.Inspection.Customer acknowledges that it has had an opportunity to pzrsonally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges ifs
duty to inspzct the zquipmzm prior to use and notify Runyon Surface Prep Supply LL C fhzreinafter°Runyon')of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIP�dENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume thE risks of,and hold Rumrcn harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment andlor arising cut of Runyon's negligence.
Customer shall indzmnify and defend Runyon against and hold Runyon harmless from any and all claims.actions.suits,proceedings;costs,expenses,damages and fiabilitizs including attomey's€ees which(t)relatE to injury er to destruction of
property,or bodily injury,illness,sickness,disease or death of any person(inchrding zmployees of Customer),and(2}are caused by.ar claimed to be caused,in wholz dr in part,by the equipment!easzd'nerein or by the liability or conduct(inciuding
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 alloyed to be liable or responsible as a result of or arisir:.y out of the equipment,or any alleged act or omission by Runyon,and Customer shalt be liable and responsible for a!I costs,expenses
and attorney's fees incurred in such defense andlor settlement,judgment er other resolution.In the event:hat such action is commenced naming Runyan as a party.Runyon may elect to defend said action on its own behalf 2nd Customer acmes
that it shall he!table for ail costs,expenses and attorney's fees incurred by Runyon in such defense.
4.Rental Charges andTerms.Equipment with hour meters is allowed eight i8)hours use within a 24•hour period of time.Rental rates for Equipment are based on usage during this eight(8)hour sniff. If Customer runs the equipment for over 8
hours in one day,Customer will be charged for extra hours on Equipment.One eay is 24 hours or eight(8)hours running time. 76 hours running time in 24 hours=a 2-day charge.24 hours running time.n 24 hours=a?-day charge.
5.Future Rentals.Customer acknowledges that the terms of this Agreement will bz deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether an the date of khis Agreement or at any time in the future(except only
as to any Equiprneni 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 AgreemenC(a)Use for illegal purpose or in an illegal manner,(b)Use when the equipment is in bad roper or is unsafe;(c}
Improper,unintended use or misuse;(d)Use by anyone oilier than Customer or as employees,without Ruryon'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:vhen rented to Customer and must be returned to Runyon full er additional chances vr:!!apply.Also,use of alternative fuels(Biodiesel,E85,etc.)in Runyon equipment is omhiblied.Customer is
!fable for all damages and repairs that result from aiterrative fuel. Runyon chECks the oil level in the equipment when it is rented to Customer.haintenance of proper oil level in the ecuipmzra is solely the responsibility of Customer.
B.Repossession.Upon a failure to pay rent cr other breach of this contract,CEaler may terminatz this contract and fakE possession of and remove the goods from wherever they are,and Dealer and his agents shat!not b2 k2ble for any claims
for damage or h2spass arising out of the remove c!the goods.
9.Tfres. Customer!s totally responsible for all lire repair. !t is Customer's option tc check ovzr the tires beforz thE equipment leaves and notify Runyon of any irreyula ities spotted.
10.Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it IzavES Nunyon's properly and anti)it has been returned c Runyon's property and
payment has been received.EQUIPMENT MA,Y ONLY BE RETURNED DURING NOri:":9AL 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 returnee to Runyon as clean as when,it Jeff.A charge of sixt}�fivE dollars(S65.00}per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agraemen±xithouf Customer's consznt,but will rzmain bound by ai ebligaiions herein.Customer may riot sublease or;pan thE Equipmznt without
Rumon's written permission.Any purported assignment by Customer is void.
13.7ime of Return. Customer's righ(te possession ierminatzs on(hE expiration of the rental period("Due!n°date R tune)and retention of possession after this lima constitutes a material breach of this Ayrzzment.TimE is of the zssznce in this
Areement.Any zxtansion must bE mutually agreed open In writing.
t 4.Late Return.7itiE to equicment is ancf shat!a'aL'rn,es remain�n�ith Runyr,.Failure to return the equipment by the"Due!n"date wit'subject Customer to a charge of conversion(theft}.
t S.Time of Payment.A;FOUnis are due.and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs. Custdmzr agrees that in the event the Customer violates arty of the terms and conditions cf this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and
inizrest of one and ono half(t Yzi percent per month added to accounts ovzr ten(i G days old,reflecting ar.annual percentage rate of eiyhtezn(18)percent Customer agrees that this ayreemEnt is tc be construed under thz taws of the State of
Indiana and that if legal action is brought to enforce this agreerneni,that Ham icon County.Indiana,shall be the jurisdiction and legal venue ter sad action,unless othehvise agreed by Runyon and Customer at a toter tune.
17.Waiver.Any failure by either parry to enforce any prevision of this Agreement shat not constitute a waiver of such provision.or prejudice thz!fight of either party tc enforce such provision thereafter.
18.Damage Waiver.In consideration cf the payment of additional rent ciassitied 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 ihz
rental property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal io 596 of rental charge.This"damage wa'rer'does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage..the"or otl-,zr gross neyliyence of Customer.This damage waiver shall not apply to reckess,careless or abusive opEration or use of thE zquipmer:.L use or operation of the e^yuipmznt exceeding its
rated capacity,or damage to tires,tubes and:vhEels C2USEd by bIDWOUt.bru,SBS,dI1tS,purchires 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
represem an insurance policy or an agreemznt tc insure.No damagE waiver ii�znse,sales or use taxes are included in Runyon's rental rates.They are extra.
19.Damagod,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:�r�hi4e the goods are out of Rurncr.'s possession. Equipment lost,stolen or darnayed
beyond repair vrill be paid for at its current list prce plus the cost of rental up tc thz timz of reporting the loss or theK fo Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Hunyen's option,by others,at a
charge of sixty-fvz dollars 1$65.001 per hour plus parts.
20.Severability.The provisions of this Agreement shalt be severable so that he invalidity,unenforceability orvaiver of any of the provisions shall no(affect the remaining provisions.
2t Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. L`Ruryon's employees assist in loading or unloading the equipment.Customer agrees to assume the risk of and hold Runyon andlor its
employees harmless for any property damage or personal injuries,including damage and personal injuries alt;ibutable to the negligence of Runyon.
22.Property Damage. Runyon is not responsibz fo*any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23.fees,Licenses,Permfts;Taxes and Fines. Customer shah he solely responsible for payment of any fees:licenses;permits,taxes or tines,required by or resulting from the Customer's use or cperatien of the equipment.
24.Charges.Customer shall pay all rharges r?paired under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges pray and that no refund or reimbursement is due Customer in the event that fewer
days andlor miles are actually used.
25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsble for damages to Customer's property or goods in storagz or in Uansii or for any property left cr stored in the equipment,or else:vherE
in the ren(ing location.Customer agrees not to hold Rurycn liable for damages from do:vn time,materials or other consequential damages resuliiny from the use of the equipment.Customer releaszs and holds Runyon,its agents and Employees
harmless from and against any and all losses,iiab�itizs,damages,injuries,claims:costs and expenses arising out of Customers use or possession of the equipment,inciuding,but not limited to any and all fines,penalties and forfeitures imposed by
any govzrnmzntal 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 salt of the zquipment by Customer,or its agents or ernployers,
or for the confiscation of the equipment by any yovErnmzntal authority because cf 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 cr property damage arising cat of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed thz avert,servant or employee of Runyon for any reason or any purpose. Durrg
tl.e term of this AyreemEnf,Customer assumes full responsibility for the equipmEnt to the public and any regulatory body having jurisdici�n.
26.DeliverylPick Up.Delivery is made io closest peirt truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is invelved.0ur service does roe include set up and knock down of tables and chairs.
If this servire is required,arrangements should h2 n?adz severe!days prior to dEiivery 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 pErrnBs,we will
try to accommodate you after quoting the price.On pick up�rrhere no prior a ranyemzrts have been made and rental items are not knocked do:vn 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 fez wit!result if rental items are still up.
27.Waiver of Jury Trial.Each party waives its right to a jury Trial of any claim or cause of action based en cr arising out of this agreemera or the subject matler hereof.This waiver pertains is ail disputes Chat may relate tc the subject matter hereof,
including,without fmitaiion,contract,tort,breach of duty,and all other common.law and statutory claims,and will not be subjECf to any exceptions.Each party(A)understands that this is a waiver of mportant legal rights and iB}acknowledges that
hE/shElt has had a reasonable opportunity to discuss this waiver and its e"cots v:ith legal counsel.Accordireiy each party knowingly,volunfaray.irevocabiy and ur:.cendifonaily waives its fury tea r:.ghts.
28.Tickets,Fines and Penalties.You agree to f!Oy onto promptly pay al!floes,pznatizs,parking tickets.traf'ic fickzis,tolls..court costs,attorneys'fees and other charges assessed during the Term in ccnnecPOn with the use.parking,sorayE,andl
er possession of the Equipment.regardless cf thE ideraity of the driver of toy vehcie You rent from Us.
29.Traiters andTowmg.The customer is respons'b(e to irs>ecting end maintaining tf�.z trailer eouplirg ms��lra ism safety,ha'r,.al'tie:ow^a p ns and ghts_."_afc an;:secu�E ccnui.�n while in t�_� pa_,esscn 1,:o:c„rte,agree-s ric'tc tote
any trailer rented fro^:LESSORiDEALER tai in a careless or negligent manner.Ib)at excessive spend or(ci whHe under the intluenca of medication.alcohol,or 8licif drugs.
30.Headings.Thz�:endings used herein are solely ter convenient referer;ce and she!!net be used to construe x affect the interpretation or ibis.Agreement.
ADDITIONA<.TERMS AND CONDITIONS FOR SALES
All sales arE also governed by the parties'Equipment Purchase Agreement Ii the Equipment Purchase and the Terms and Condi!ions previously enumerated are inconsistent,then the terms from thz Equipment Purchase Agreement prevail.
AS-I5—NO WARRANTY:THE tNANRANT`(!S THE SOLE AND EXCLUSIVE`,•`rARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,1NCL UD!NG,WITHOUT LMITA?ION,?HE!PAPLiED
WARRANTIES OF MERCHANTABILITY ANC FIT^JESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON SURFACE PREP SUPPLY LLC OR AFFILIATED COMPAPdIES W;LL N07 BE
LIABLE OR RESPONSIBLE FOR ANY SPECIAL.INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TOTHE SALE OFTNIS EQWPtdENT TO CUSTOMER,REGARDLESS OFWHETHER SUC!-i DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The;:ustomer is liable for alt shipping costs when returning or zxchanging an item fo Runyon,un{zss the product has been damaged during shipping.This policy also applies fie warranty returns.As
s±aced in the Rum:on`Return Policy:when cusion±ors return an item or itemsfnr credit,a 25°-�restocking fee will bz charged to your account plus all applicable inboard and outbound freightThis policy also applies to shipments refused and reU,uned.
All cancellations of whole goods are subject to a 254-,(of total invoiced orderl catce!lation fee qn in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.A'I parts purchases are non rEfurdable.Any shipment
received in conditions ether than brand nEw will be charged 50 io restocking fez of the local amount All returns must he properly boxed before they are returned.It's thz customer's respcnsibiliCd tc report any damages'shortaees aliUtin 48 hours
of rzceiviny Phe product.Runyon will not accEpt claims 48 hours afterbelivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA}.Run}=en will instruct customers as to the best means of
returning merchandise.Runyon's MRA's are ealid for 30 days after issuance,�IRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used er damaged products.Any
freight related damage must be noted on the signed 6i of Lading AT THE TIFAE OF DELIVERY.ThE purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seiler represents and warrants that(ai Seller has all necessary right,power and authorry to enter into and perform the transactions referenced herein;fbj Seller has good and mark=table title to tr;E
Equiprneni and{"c)cn the Transfer Date,Seller will convey the same to Buyer(savE only for the purchase mor ey lien,if any,to be retained by Seller should SeIIEC at its sole option,EIEC(to finance all er any portion of thz Furchese Priczi.°uyer
represents and warrants Thai:(i)Buyer has all necessary right;power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and zxamined thE Equipment and found the same'e be
acceptable to Buyer in a!respects based on criteria established solely by Gayer and net based on any recommendation by Seller,and(iiil Buyer has received,carefully reviewed and is satisfied with,all available training.instructions,operating one
user manuals,and efhzr information(Including all Veining required under applicable OSHA andror 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 g 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'AA 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
5UFFAGE PFEP FENTAL fir 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
I r
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,g 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
GAFME,L•1`151iE75•INDIANAP0L15 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 Cordrtions 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 aver ten If 0)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# 247730
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733-2001 OUT 10/25/12 11: 48 AM SAF
F (317) 733-2005
ID#3 PO/JOB # RECEIVED BY
JEFF STEWART 10/25/12 11 :51 AM SAF
***FINAL*** Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK
1 00045 CHICAGO FITTING J X3. 95 3. 95 3. 95
NQ\ >_
}
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJE-CTTO A CHARGE OF CONVERSION(iH RENT 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 3. 95
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDER STAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00
THAT RUNYON SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY DW/FEES 0.0 0
OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X S G Ai tji'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 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 3. 95
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$65 AN HOUR.
EQUIPMENT ��ir ;J= � CELL AMT BILLED 3. 95
LEASED BY X ! r l�l' I`! -.��•,I_ PHONE
25-OCT-12 11: 51: 47
EQUIPMENT
RETURNED BY X ;_t/kj. K ,q i iy, °fie RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES,FUEL AND ELECTRIC CURRENT. will apply. X INITIAL
AL
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
unless Runvon Surface PreD Rental&Suonly has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that it hashed an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Surface Prep Supply LLC (hereinafter`Runyon")of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE.OR THAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment and/or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims:actions,suits,proceedings,costs,expenses,damages and liabilities including attorneys fees which(1)relate to injury or to destruction of
property.or bodily injury.illness;sickness.disease or death of any person(including employees of Customer),and(2)are caused by or claimed to be caused,in whole or in part.by the equipment leased herein or by the liability or conduct(including
active,passive,primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Rumon is a named party for which Runyor.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 tot ail 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 Training Runyon as a party,Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs,expenses and attorney's fees incurred by Runyan in such defense.
4.Rental Charges and Terms. Equipment with hour meters is allowed eight t8)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.
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 all 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;(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 tq Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8.Repossession.Upon:a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires,Customer is totally responsible for all tire repair, it is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10.Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received.EQUIPMENT MAY ONLY BE RETURNED DUPING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY
11.Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-five dollars(S65.00)per hour viii.,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 gf 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'h)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 waver"does not include dai ncge 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 Cruises,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 held Runyon and/or its
employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23.Fees,Licenses,Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of the equipment.
24.Charges.Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25.Other Liability.Customer assumes all risks from the improper use of the aquipinent.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 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 chairs will be left until the next day when a special
crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up.
27.Waiver of JuryTrial.Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to all disputes that may relate to the subject matter hereof,
including,without limitation,contract,tort,breach of duty.and all other common law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of important legal rights and(B)acknowledges that
he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel,Accordingly,each parry 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 Terrn in connection with the use,parking,storage,and'
or possession of the Equipment,regardless of the identify of the driver of any vehicle You rent from Us.
29.Trailers andTowing, he customer is responsible for inspecting and maintaining the trailer coupling me.han sm safety chains,all tie dow,s pins and ights'c a safe and secure condition„chile in the!posses.>o C.s,o,ter agrees not to low
any Trailer rented iron;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 riot be used to construe or affect the interpretation of this Agreement,
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties'Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevail.
AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON SURFACE PREP SUPPLY LLC OR AFFILIATED COMPANIES WILL NOT BE
LIABLE OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TOTHE SALE OFTHIS EQUIPh.'=.ENTTO 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 shippng.This policy also applies fo 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 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
received in conditions other than brand new will be charged 50%restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's responsibility to report any damages/shorlages within 48 hours
of 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
returning merchandise.Runyon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MIRA for returns on used or damaged products.Any
freight related damage must be noted on the signed Bill of Lading ATTHE TIME OF DELIVERY.The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable title to the
Equipment:and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,it any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer
represents and warrants that:(i)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(iii),Buyer has received,carefully reviewed and is satisfied with,all available training:instructions,operating and
user manuals,and other information(including 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.