HomeMy WebLinkAbout215164 12/04/2012 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: $1,650.01
CARMEL IN 46032
CHECK NUMBER: 215164
CHECK DATE: 1214/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
920 4470199 244493 829 . 50 96TH/KEYSTONE OTHER
1125 4353099 248879 366 .45 OTHER RENTAL & LEASES
2201 4353099 249830 85 . 17 OTHER RENTAL & LEASES
2201 4353099 249939 52 . 50 OTHER RENTAL & LEASES
854 5023990 250272 260 .42 HOLIDAY ON THE SQUARE
2201 4231100 250461 50 . 28 BOTTLED GAS
2201 4231100 250529 5 . 69 BOTTLED GAS
in consideration of the payment of additional rent classified as'damage waiver by tnb Rentee,Renter agrees to,and hereby does waive its right,or any right it might
have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter,The undersigned shag pay upon return of
-'—
property rented a sum equal to 5%of rental charge.This'damage waiver"does not in;lude damage or loss of the property as a result of the negligence of the Rentee
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or in the case of abusive damage,theft or other gross negligence of the Rentee.This damage waver shall nor apply to recidess,careless or abusive operation or use
t of the Equipment,use or opemuon of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
i EQUiVMEN C{ZENTAL other causes inherent in the use of the Equipment.it is understood the amount Dald 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 damag>d by Rentee vnll pay list for parts,labor or,it a total loss,will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment acd materials,or co+enants to use said property in a careful and prudent manner anc
GARt+EL a f15HER5 lND(ANAP4LIS shall not Joan,sublet,mortgage or in any manner dispose of same to any person without the w-inen consent of tie owner,and further agrees to return ine equipment
tic Renter in substantially good condition os`f on received,natural wear and tear excepted.
3-07 - 566 - Boas The parties agree that in die event the Rentee violates any of the terms and conditions of this agreement,it re Renter fRav collect damages toge tier with reasonable attorney
, xkk f sage ate of eictleen(18)percent
FAX:317-566-2990 Tire above equipment has been received by the undersigned for rental purposes only,and It is Understood that Renter shall be held respons bie for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied including any implied
"Don't be a toot - Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,less,damages to property.consequential damages,loss of income or any other
WWW.runyonr"en fan.l Odom incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for detendng any action brought as a result of the lease
of this equipment,
Open 7 Days r:,yleek. ' Monday- Friday 7:00 am - 5:30 pm •Saturday 7:00 am -4:30 pm • Sunday 9:00 am - 3:00 pm
JOB, LOCATION TICKET #
RENTED TO,. ;• .
CITY 01' CARMEL J.it 448 MEGAN 590-7522
ONE CIVIC SQUARE CARMEL GAZBO Con# 250272
CARMEL IN 46032 ACROSS FROM THE CFD
CARMEL IN Loc 100
rt SSN PHONE DATE `TIME
-- — -- W (317) 571-2448 OUT 11.%17/12 11:-3-0 AM-WH— -
F (317) 571-2409
ID#3 r`' P0,%:JOB. #` ;.,?' °'RECEIVED BY _
SANTA HOLIDAY S MEGAN R TURNED 11/18/12 9 : 00 AM
***FTNAL*** Page: 1
-`QTY ,,ITEM# EXT •AMT NET AMT
- r. -
'HOURLY OVNITE x: 8 HOUR
DAY:. WEEK- 'A4 WEEK
3 3880-0000 HEATER L/P PATIO RADIANT 150.00 150. 00
3 0218-0000 PROPANE TANK 20# 9 .00 9 .00
3 1.00 PROPANE 20 POUND REFILL 43 .47 43 .47
1 14 DELIVERY & PICK-UP - STAKEBED 50. 00 50. 00
UNK
fa
Is
�•
FTHEEQUL°",tt7dTl3NOTRETURNcDBY CtyEIN"DATE-'e,)U1Yl_LBEWBJECrTOACRARGEOFCONVERSIOt7?HEFT1.
Use of alternauve tuels,(Biodiesel;E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED RENT 159.00
Costumer is liable for all damages&repairs that result from alternative,fuel
I NAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT t001 SALES 93.47
kl�I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND
'FIAT F.UNYON FQUIaN1o\T RENTAL DOES NOT GIVE ME PERMISSION 1'0 LEND THIS PROPERTY 70 ANV OThEr1 PERSON t OTHER 0.00
UNDEPSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS tINAUTHORIZEn DW/FEES 7.95
BY RUNYON EOUIPMEIfT RENIAL. X __ _
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00
THE TERMS AND CONDITIONS'SET FORTH IN THIS RENTAL AGREEMEN1" I HAVE READ THE ABOVE INFORMATION AND
A"KNCWLDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE I PROMISE THAT AS A CONDITION OF RENTING SALES TAX 0.00
EOUIPtdENI THAT 1=MY EMPLOYMENT,ADDRESS OR PHONE NUMBER 13E CHANGED,I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IhIMEDIATELY.RUNYDN EQUIPMENT RE14TAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, DEPOSIT 0.00
PEES.ANDIOR I�ERESTCHARGES ASSOCIATED WITHANYCLAIM,LOSS,OR DAMAGESIG PROPERTY AS RESULT OF THE
RENTAL CF THIS EQUIPMENT. IF EOUIPVENI IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
IO RUN ANY FORM OF PAYMENT ON FILE 10 SATISFY EQUIPMEN r REPAIR LABOR RATE CHARGED AT$85 AN HOUR. TOTAL DUE 2 6 0.4 2
EQUIPMENT CELL
LEASED BY X —_-•-------___— _ P'HnyF AMT BILLED 2 6 0.4 2.
EQUIP ENT. X RENTAL FEES DC NOT�-L`iVMPURCHASES.:01 : 01
- xIETRAR; Equipment is clean and full of f:lel please return as such or additional charges
YOU ARE RESPONSIBLE r=OR ALLTIRES,OUEL AND ELECTRIC CURRENT. will apply X
NO ADJUSTMENTS OR CREDITS will be made on equipment —
maffuncfifans unless F,unyori Equipment Rental has been notified, We charge a 5"'o Damage Waiver on all equipment rentals.
ALLOWED 20
Runyon Equipment Rental IN SUM OF$
410 W. Carmel Drive
Carmel, IN 46032 ,e
N
$260 . 42
ON ACCOUNT OF APPROPRIATION FOR
1203 - Community Relations
Gift Fund #854
?#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT I
Board Members
3 250272 #8 5 4 $260 42 1 hereby certify that the attached invoice(s), or 11/
(� bill(s) is (are)true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
CGGc
Title
Nancy Heck, Director
Cost distribution ledger classification if Dept. of Community Relations I h
claim paid motor vehicle highway fund wit
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
i invoice or bill to be properly itemized must show: kind of service,where performed,dates service rendered, by
iom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
Terms
Date Due
voice Invoice Description Amount
)ate Number (or note attached invoice(s)or bill(s))
'_8/12 250272 Holiday on the Square $260 . 42
reby certify that the attached invoice(s), or bill(s), is(are)true and correct and I have audited same in accordance
IC 5-11-10-1.6
20
Clerk-Treasurer
In consideration of the payment of additional rent classified as"damage waiver'by the Rentee,Renter agrees lo,and hereby does waive its right,or any right it might
®� ®_-^ have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
Y property rented a sum equal to 50/6 of rental charge.This'damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee
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or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
EQUIPMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
(ARMEL•f15HER5•INDIANAP01-I5 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter In substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one hag If 12)percent per month added to accounts over ten If 0)days old,reflecting an annual percentage rate of eighteen It 8)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or Implied,including any implied
"Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose;and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm•Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm
,RENTED TO JOB" LOCATION TICKET, `#.,
CARMEL STREET DEPARTMENT # 503 98TH ST
3400 WEST 131ST STREET Con# 244493
CARMEL IN 46074
Loc 100
_ _ IJIATk�
(3171) 733-2001 OUT 09/26/12y 9:11 AM WH
F (317) 733-2005
ID#3 PO./JOB:,# RECEIVED BY .
98TH ST JOHNSON, RANDY R TURNED 09/27/12 2 :32 PM MS
***FINAL*** Page: 1
QTY ITEM#' " EXT AMT . :; NET AMT"
'MIN HOURLY OVNITE`- .. 8-HOUR "-, ; -. ',DAY':,, " WEEK-.. 4' WEEK
1 2024-0002 CONCRETE PLANER 12" GAS 35HP 790 . 00 790. 00
$345. 00/4 395 . 00 395 . 00 1580. 00 4740 . 00
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Biodiesel,E85,etc)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 790.00
Customer is liable for all damages&repairs that result from alternative fuel.
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 0.00
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT f AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.0 0
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 39.50
BY RUNYON EQUIPMENT RENTAL X
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0•00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE I PROMISE THAT AS A CONDITION OF RENTING SALES TAX 0.00
ADDRESS O B T NOTIFY N REEN AL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD ANY D ALL COSTS, DEPOSIT 0.00
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. TOTAL DUE 829.50
EQUIPMENT CELL
LEASED BY X PHONE AMT BILLED 829.50
27-SEP-12 14 REETU NEDTBY X - RENTAL FEES DO NOT APPLY TO PURCHASES32 :42
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in goad condition,and that Customer understands its proper use.Customer further acknowledges fis
duly to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon")of any defects.
2,WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless tor,property damage and personal injuries,including death and dismemberment,caused by the equipment and/or arising out of Runyon's negligence
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings.costs,expenses,damages and liabilities including attorney's fees which(1)relate to injury or to destruction of
property,or bodily injury,illness,sickness,disease or death of any person[including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(ncuding
active,passive,primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses
and attorney's fees incurred in such defense and/or settlement,judgment or other resolution.In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs,expenses and attorney's fees incurred by Runyon in such defense.
4.Rental Charges andTerms. Equipment with hour meters is allovied eight(8)hours use within a 24-hour period of time,Rental rates for equipment are based on usage during this eight(8)hour shift.If Customer runs the equipment for over 8
hours in one day,Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running lime. 16 hours running lime in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-dy 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[his Agreement or at any time in the future(except only
as to any Equipment and(or other items with respect to which Customer executes a new Agreement).
6,Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe;(c)
Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written permission;(a)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(Biodiessi,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.rres.Customer is totally responsible for all lire repair.It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spatted.
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 rece.,,ed.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY
11.Cleaning Charges, Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-five dollars(565.00)per hour will be charged for cleanup.
12,Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipment without
Runyon's written permission.Any purported assignment by Customer is void.
13.Tfine of Return. Customers right to possession terminates on the expiration of the rental period("Due In'date&lime)and retention of possession after this time constitutes a material breach of this Agreement.Time is of the essence in this
Agreement.Any extension must be mutually agreed upon in writing.
14.Late Return.Title to equipment is and shall at all times remain with Runyon.Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(theft).
15.Tfine of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs.Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and
Interest of one and one half(1 Si)percent per month added to accounts over ten(10)days aid,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later lime.
17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18,Damage Waiver.Inconsideration of the payment of additional rent classified as'damage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Custonier,arising from normal damage of the
rental property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage.theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its
rated capacity.or damage to fires,tubes and wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is not an insurance premium,and that this provision does not
represent an insurance policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra.
19,Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of 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,unenforceabitity or waiver of any of the Provisions_shall not affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23.Fees,Licenses,Permits,Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customers use or operation of the equipment.
24,Charges,Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible[or damages to Customer's property or goods in storage Orin transit,or for any property left or stored in the equipment,or elsewhere
in the renting location.Customer agrees not to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees
harmless from and against any and all losses,liabilities,damages,injuries,claims,costs and expenses arising out of Customers use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by
any governmental entity,and,to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or Improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a
result of injury death or property damage arising out of Customers use of the equipment.Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reason or any purpose.During
the term of this Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delivery is made to closest point truck,can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knockdown of tables and chairs.
If this service is required,arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorization.If time permits,we will
try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be left until the next day when a special
crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental Items are sill 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 hereoLThis 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.6t 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.
2B.Sickels,Fines and Penaities.You agree to fully and promptly pay all fines,penalties,parking tickets,traffic tickets,tolls,court costs,attorneys'fees and other charges assessed during the Term in connection with the use,parking,storage,and/
or possession of the Equipment,regardless of the identity of the driver of any vehicle You rent from Us.
29.Traflers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to tow
any trailer rented from LESSOR1DE4LER(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 inlerpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the Parties'Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevail.
AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAIN OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for all shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also applies to warranty returns.As
stated in the Runyan`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
:eceived in conditions other than brand new will be charged 50%restocking fee of the total amount.All returns most be properly boxed belore they are returned.It's the customers responsibility to report any damages/shortages within 48 hours
)f receiving the product.Runyon will not accept claims 48 tours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of
-etuming merchandise.Runyon's MBA's are valid for 30 days after issuance,MRAs are not valid after the 30 day lime limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any
-eight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time Of sale is final.
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 Dale,Seller will convey the same to Buyer(save only for the purchase money lien,it any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer
-gpfesents and warrants that:(i)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;(f)Buyer has selected and carefully inspected and examined the Equipment and found the same to be
ameotable to Buyer an all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(fit)Buyer has received,carefully reviewed and is satisfied with,all available training,instructions,operating and
riser manuals,and other information(inefudng 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.
Prescribed by State Board of Accounts City Form No.201 (Rev.1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Runyon Equipment Rental Purchase Order No. NA
410 W. Carmel Drive Terms
Carmel, IN 46032 Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s)or bill(s))
09/27/12 9/27/2012 Keystone Reconstruction Project $829.50
98th Street
Project 07-08
Total $829.50
1 hereby certify that the attached invoice(s), or bilis(s), is (are)true and correct and I have audited same in accordance
with IC 5-11-10-1.6.
20
Clerk-Treasurer
.....................................................................................................................................................................................................................................................................................
VOUCHER N0, WARRANT N0,
Runyon Equipment Rental ALLOWED 20
410 W. Carmel Drive IN THE SUM OF $
Carmel, IN 46032
829.50
�®®pp® �❑®�f�OTCI,®® X111,®®g
PO#or INVOICE NO. ACCT#/TITLE AMOUNT Board Members
DEPT.#
NA 9/27/2012 4470199 $829.50
I hereby certify that the attched invoice(s), or
bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
3-Dec 20 12
Total $829.50 Sig ature
Cost distribution ledger classification if City Engineer
claim paid motor vehicle highway fund Title
In consideration of the payment of additional rent classified as"damage waiver"by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
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
RUNYON
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
UY-FALE PREP RENTAL fir SUPPLY of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
S 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,I 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
GARMEI.•FISHERS•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the 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 It 1/2)percent per month added to accounts over ten(10)days ool,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 fora particular purpose,and neither assumes nor authorizes any other person to assume fork any liability connection with the
use of this equipment. The Rentee agrees to indemnity Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.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 t#
CARMEL CLAY PARKS & RECREATION # 1356 WINTERIZING
1411 E. 116TH STREET Con# 248879
CARMEL IN 46032
Loc 100
�S$N.:.�.'. ..�:.:.°.. .._PHONE .. ::.,._.:.:.,:. ' ... ,
_ DATE .. -,TI,ME`
W (317) 848-7275 OUT 11/05/12 8 :34 AM .. -
MS
F (317) 571-2468
ID#-3 PO/JOB # :' _ :RECEIVED BY`
WINTERIZING HART, SHAWN M RETURNED 11/07/12 11: 16 AM WH
***FINAL*** Page: 1
QTY ITEM# ;:. EXT AMT . NET;AMT'
MIN HOURLY :.OVNITE,. . 8-HOUR WEEK 4,.WEEK.." -
1 0300-0000 HOSE AIR 3/4" X 50 ' 18. 00 18 . 00
$6.00/D 6. 00 6. 00 -18;"00 54. 00
-0000 AIR COMP. REGULATOR 36. 00 36. 00
$12 . 00/D 12 .00 12 :,,00 36°:00 108 .00
1 0314-0001 AIR COMPRESSOR 1.85;CFM`DIESEL' 295.00 295. 00
Purchase
Description Nov Q 2012
POfF
P.O.# 0004 G} �7
117 •'' ��� �!�_ = .
G.L.# +
Budget
Line l escr
Date_
Purchaser_---------,/�
Approval- nj<--- Date "1l Ir
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECrTO A CHARGE OF CONVERSION(THEFT). RENT 349.00
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 0.00
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0
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 17 .45
OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X Addl TAX 0.00
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE
TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT.I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE SALES TAX 0.00
THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY
EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON SURFACE PREP RENTAL&SUPPLY DEPOSIT 0.00
IMMEDIATELY.RUNYON SURFACE PREP RENTAL&SUPPLY IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT.IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON SURFACE PREP RENTAL
&SUPPLY UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON SURFACE PREP RENTAL&SUPPLY IS TOTAL DUE 366.45
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. AMT BILLED 366.45
EQUIPMENT •;;t 1, i CELL
LEASED BY X ( PHONE 07-NOV-12 11:2 2 :2 8
EQUIPMENT
RETURNED BY X Y� ':, 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,DUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
unlpcc Runvnn Surface Prpn Rental R Sunn1v hac been notifiad_ We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1,Inspection.Customer acknowledges that if ties 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 Me 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. C:;szomer agrees to assume the risks of,and!told Runyon na!miess for,property damagel and personal iriuries.including death and dismemberment,caused by the equipment and/or arising out of Runyon's negligence
Cus!ornci shall mdomnify ano dEfend Runyon against and hold Runyon harmless from any and all claims,actions.suits,proceedings,costs,expenses,damages and habihties including attorneys fees which WI relate to injury or to destructior of
property.or bod:_y injury,aicess,sickness,disease or death of any person pncludirg employees of Customer),and(2)are caused by.or claimed to be caused.in whole or:n part,by the equipment!eased here:ri or by the liability or conduct(including
active,passive or secondary)of Customer,its agents or employees,or anyone for whose acts any of Them may be liable.Customer shall,at:ts own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
n;vh:ch Runyon is a named party four vi^ich 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;hall be fable and responsible for all costs,expenses
and attorneys tees Incurred in such defense and/or settlement,judgment or other resolution. In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own beha'r and Customer agrees
that it shall be xaol for a9 costs,expenses and aaorrey's fees incurred by Punyon in such defense.
4,Rental Charges and Terms.Equipment vita hour Motors is allowed eight(81 hours use within a 24-hour period at time.Rental rates for equipment are based on usage during the eight;8)hour shift,If Customer runs the equipment for over 8
hours In one day CuStdne will be cha:g•_d for extra hours on equi„ment.One day is 24 hours or eight(8)hours Turning time 16 hours running time in 24 hours=a 2-day charoe 24 hours ru ming 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 cafe of;his Agreement or of any time in the future(except only
as to any Equnpmeni and/or other items will respect to which Customer executes a new Agreemeef.
6.Prohibited Uses, Use of the equipment r.the following circumstances is drohibded 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;s)
Improper,unintended use or misuse:(d)Use by anyone other Thar Customer or its employees,without Ruryon's written permission;(e)Use at any location other than the address furnished Runvon without Runyoit's written permission.
7.Fuel and Oil Levels,All ego prrent s full of fuel when rented to Customer and must be returned to Runyon full or additional charges w:'il apply,Also,use of alternative fuels(Biodiese,E85,etc.l in Runyon equipment is nrohibireo Customs!is
tiab!e 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:evel in the equipment IS Solely the responsibility of Custon er.
8.Repossession.Upor a`allure to pay ron;,;dth.er breach of this contract,Ceaier may terminate this contract and tare possession of and remove the goods front wherever they are,and Dealer and his agents shat not be liable for any claims
for damage or trespass arising out of the remova of the goods.
9,Tires.Customer;s totally respJnsioie for all tire repair. it Is Customers potion to check over the tires before the equipment leaves and notify Runyon of any irreguf !ties sported
10.Insurance. Runyon's insurance due,r a cover equipment wfnie in CustomE s possession. Customer is responsible for insuring the equipment once it!eaves P.myon's property and Lintz it has been returned to Runyon's property and
payment has been reee'red,EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT A`RUNYON'S LOCATION OTHER THAN:NORMAL BUSINESS-OURS REMAi,NS THE CUSTOMERS
RESPONSIat i y,,
11,Cleaning Charges. Equ pment s to be rower ea to Runyon as Sloan as when it left.A charge of sx',y-five dollars 1S65.00)per hour will l be charged for oieanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,but will remain bound by all Obligations herein,Customer may not sublease or loan the souipment without
Rumror:.'s terirto,n permission Any purported assignment by Customer is void.
13,fime of Return. Customer's right to possession terminates on the expiration of the retire!period("Due In'date&time)and retention of possession after this time constitutes a material breach of tnis Agreement,Time is of the essence in this
Agreement.Any extension must be mutually agreed upon in writing.
14.Late Return.Title to equipment is aria Sinai!at all times remain w^h Runyon. Fa lure to roturn the equipment by the"Due!n•'date will s::bject Customer to a chase of conversion linefat
15.Time of Payment.Accounts are due and payable at the terminatr,n of the tenta period.
16.Violation of Agreement and Venue Costs. Customer agrees that it the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attornoy's fees.court costs and
nteress of one and o•le nalt(1':z)careen'pet month added to accounts over ten(10;days old,reflecting ac annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under its laws of rho State of
Indiana aid that J legal action is brought to enforce this agreement.that Hamilton County,Indiana,shall be the jut sdiction and legal venue for said action,unless othe^,vise agreed by Runyon.and Customer at a later time.
17,Waiver. Apy'aaure by either party to enforce any prevision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party ro enforce such provision theieafte!.
18.Damage Waiver.In consideration of the payment of additional rent classified as`'Jar^.age waiver"by Customer,Runyon agrees to,and hereby does,waive its right or any right It might have against Customer,arising front normal damage of the
rental property.not mal damage ip be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5-,,<of rental charge.This"damage waiver"does not delude damage or loss of the property as a result Of the negI gecce
of G:stome!or in tille case of abusive damage,theft or other gross negligence of Cusfomei.This damage waiver shalt 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,DN'ses,cuts,durctures ar other causes Inherent In the use of the equipment. It Is understood the amount pad IS not an insurance premium.and that this provision does not
repasert an insurance policy or an agreement td 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 pav for any damage to or loss of the goods.regardless of cause.except reasonable wear and tear,white the goods are out of Runvo!:s possession.Equipment lost,stolen or damaged
beyond repair evN be paid!or at its current list price plus the cost o 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,o,at Runyun s option,by others.at a
charge of sixty=five do lar s(565.00)per hour plus parts.
20.Severabifity.The provisions of this Agreement shall be sevetable so that the invalidity,unenforceability,or waiver of any of The provisions shall not affect'he rernaining previsions.
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 rise of and hold Ronvon anchor its
employees hatniless for ary property damage or personal injuries,including damage and personal in;uries attributable to the negligence of Runyon.
21 Property Damage. Runyon is not resporsibie for any damage whatsoever as a result of on-the-lob deliveries or pick-up by Runyon
23.Fees,Licenses,Permits,Taxes and Fines, Customer shall be so!eiy responsible for payment of any fees licenses,permits,taxes or fines,required by or resulting from the Customer's use or operatics a/'he squipmErt.
24,Charges. Customer sha i pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum cha ges only and that no refund or reimbursement is due Customer in the event that fairer
days an^%;r tires are actually used.
25.Other Liability.Customer assumes all risks from tine improper use of the equipment.Ouswiner is responsible for damages to Customers property or goods to storagea of in transit,cr for any property left or stored ir:the equipment,or elsewhere
q the renting ocaaion.Customer agrees not to ricol Runyon liable'or 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'(,I,and aga,—any ano a1 losses,iiabilitres,damages,injuries,claims.costs and expenses arising out of Customer's use or possession of the equipment,Including.but not I:mitoo rn any and all fires,penalties and fcrfedureS imposed by
any g.,vernnrenie:emir,•.and,to tie extenl riot covered by Wauraioe,any claims or liabilities to third parties arising out or the abandonment,conversion,concealment or unauthorized sale at the equipmen'by CiSorner,or it,agents or employees
or for the confisoaiidn of t^e equipment W env governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all!oss,liability and expense an excess 0'the Irrrits of!lability provided for herein as a
resud of injury,deaf i or property damage wising pct Of Customer's use of The equipment. Neither Customer nor any other user of the equipment shall be deemed the agent servant or emlliyea of Runyan for any oc or any purpose. During
The ter• of:his Agreement.Custome•aa;Turns full•esponsibgity for the equipment to the cubic and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delivers is made to closest point truck can park.Extra charges will result in GE'NEr1a510 upstairs,elevator use or any point where extra Time is'invo`ved,Our service does rot irriude Set up an(,knock Jowr of tables and chairs.
I'this servD,q is required,arrangerri 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,du"driver mu• i all for author zaiign.it tiree permits,we will
try to accemmadat.you after quoting the price.On pick up where ao prior arrangements have beer.made and rental items are not knocked down and assembled in one sheltered area,moles ang chairs.,Ali be left unt!tl-e rox;day when a special
crew can be scl-edaled.There will be ar.add,tonal one day rental.A knock down fee will result if rental items are still up,
27,Waiver of Jury Trial.Each party w.iaives.Its rgflt to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof T'r:!s wait»,perlains r a!'disputes that may relate k.'the subject matte,hereof,
o,lucing,without limitation,contract.fort,breach o'duty,and all other common jaw and statutory claims,and will not be subject to any exceptions.Each parry(A)understands that this isa.,vaiver Of i:-portart Iega';iitats arm iB)Aclindwledces that
he/shaft has had a reasoraoie opportunity to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives'to
is;ur'y
28.Tfckets.Fines and Penalties.You agree to fury ar_dpromptly pay a!'fines,penalties,parking tickets,traffic tickets,tolls.-court costs,attorneys fees and other char;es asesz_1 d'curing the .!m in r.rir-er,!o'`wch tha'use,parr storage.and!
or oosscssi:n of I Ede ipm_t regardless a'the Identify of the(,river of any vel:ide You rent from Us.
29,Trailers and,lowing.-he stoner s responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and ights in a safe and secure condif:on while in their possess oni.Customer agrees riot td to:"
any va,Er rented fro°LESSOR'DEALER;ai in a care ess or negligent manner,(b)at excessive speed or(c)white under the;Influence of medication,alcohol,or illirit drugs
30.Headings.The headings used hereir are solely for convenient reference and shag net be used to construe or affect the:interpretation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales ale a sc governed by the car:iei Edufoment Purchase Agreement, If the Equipment Purohase and the Terms and Conditions previously enumerated are utconsistont,the^the terms from the Equipment Purchase Aareement prevai:.
AS-IS–NO WARRANTY:-HE WARRAN ry'S'HE SOLE AND EXCLUSIVE NlARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,!NG UDING,WITHOUT Llf:?I1A710N,'HE rMPL;ED
WAR.RAN`lES QF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROPv":.THE SALE OF'HIS EQUIPMENT.RUNYON SURFACE PREP SUPPLY L.LC OR AFFILIATE:.' COMPANIES W'Ll_NOT 6E
_TABLE OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CvONSEQUENTiAL DAMAGES ARISING OUT OF OR RELATEDTOTHE SALE OFTHIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHET HER SUCH DAMAGES ARISE
LiNDER THEORIES OF THE LAW OF CONTPACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS:The customers iaho`or all shipping costs when returning or exchanging an item to Runyor,unless The product has been damaged during shipping.This policy also applies to warranty returns,As
stated In the Runyon'Return Policy:°where customers return an item or items for credit,a 25%restocking fee will be charged to your account,Pius all applicable inbound and outbound fre-ght.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25`r.(of total irvaced order)cancellation lee on in stock items from Runyon locations ONLY.Return shipping of the product is rot refurdable,0 parts purchases are non rerundab e.Any shipment
received in conditiors other than orand new will be charged 50`.a restocking fee of file total amount.All returns must he property boxed before they are returned,Its;he customer's responsibriry ro report any damages'shortages within 48 hours
of receiving the product.Runyon will rot accept claims 48 hours after deivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),rlunyon will instruct ctStomel,as to the best means of
net umce g merchandise.Runyon's(?RAs are valid for 30 days after issuance.MBAs are not wato after the 30 day rime limit expires.Runyon will absolute!v not,under any circinistances,issue ar MRA for returns on used or damaged products.Any
fie got reiated damage must be noted on the signed SO!of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Se!:er represents and.varrants that.(a!So!ier has all necessary right,power and authority To enter into and perform the t°ansactions refereoced'newin,(b)Seiler inns good and marketab'e fide to the
Edit,:p"ent,and ro)or the Transfer Date,Seller will convey the saute to Buyer(save Only for the purchase money lien if any,to be retained by Seller should Seiler,at its sole option,eicci to fina•ice all at any portion of the Purchase°rice)Buyer
represents and warrants that:fit Buyer has all necessary right.parret ano authority to enter into and perform the transactions referenced herein',(I))Buyer has selected and carefully`.r seected and examined the Equipment and found the Same to be
acceptable!a Buyer in air respects based oft criteria established sorely by Buyer and not based on any recommendation by Seller;and(iti)Buyer has received,carefuilly reviewed and is Satisfied with,all ava:iable training.ms'ruct ons,,operating and
se'manuals,an J ctner information(inci:iding all training regiai•eo;ender applicable OSHA and/or ANSI Standards,if ary)regarding the proper and Safe transportation,use,ma;nterance repair and storage of the Equipment.
. . a
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice of bill to be properly itemized must show; kind of service,where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
354867 Runyon Equipment Rental Terms
410 W Carmel Drive
Carmel, IN 46032
Invoice Invoice Description
Date Number (or note attached invoice(s)or biil(s)) PO# Amount
11/5/12 248879 Compressor rental $ 366.45
Total $ 366.45
1 hereby certify that the attached invoice(s), or bill(s)is(are)true and correct and I have audited same in acco(dance
with IC 5-11-10-1.6
20_
Clerk-Treasurer
Voucher No. Warrant No.
354867 Runyon Equipment Rental Allowed 20
410 W Carmel Drive
Carmel, IN 46032
In Sum of$
$ 366.45
ON ACCOUNT OF APPROPRIATION FOR
101 -General Fund
PO#or INVOICE NO. ACCT#/TITLE AMOUNT Board Members
Dept#
1125 248879 4353099 $ 366.45 1 hereby certify that the attached invoice(s), or
bill(s) is (are)true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
29-Nov 2012
Signature
$ 366.45 Accounts Payable Coordinator
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund
I
RUNYON EQUIPMENT RENTAL
410 WEST CARMEL DRIVE
CARMEL, IN 46032
(317)566-8888 STATEMENT DATE: 11/27/12 503
PRINTING DATE: 11/27/12
REMIT TO:
CARMEL STREET DEPARTMENT RUNYON EQUIPMENT RENTAL
3400 WEST 131ST STREET 410 WEST CARMEL DRIVE
CARMEL IN 46,074 CARMEL, IN 46032
DATE INVOICE# LOC DESCRIPTION -AMOUNTS CREDITS BALANCE
09/27/12 244493 100 P0;# 98TH ST 829.50 0.00 829.50
10/04/12 245331 100 PO# KEYSTONE 122.23 0.00 122.23
10/04/12 245469 100 BOBCAT PARTS & SALES 59.00 0.00 59.00
10/05/12 2454.60 100 PO# 106TH ST 120.75 0.00 120.75
10/24/12 247529 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
10/26/12 247855 100 PO# SHOP 7 .95 0.00 7 .95
10/30/12 248187 100 PO# SHOP 30.99 0.00 30.99
10/31/12 248272 100 PO# POLICE DEPT 183.75 0.00 183 .75
11/'07/12 249142 100 PROPANE 60 POUND REF 44 .59 0.00 44 .59
11/07/12 249155 100 CHIP HAMMER REPLACEM 4 .00 0.00 4 .00
11/14/12 249939 100 PO# SHOP 52.50 0.00 52.50
11/16/12 249830 100 PO# LIGHTS 262.50 177.33 _ 85.17
11/19/12 250461 100 PO## PATCH TRUCK 50.2 0.00 50.28;✓
11/19/12 250529 100 PO$ PATCH TRUCK 5.69 0.00 5.M/
11121/12 250470 100 PO# BIKE PATH SHELBO 761 .25 0.00 7 61.25
11/26/12 250988 106 HAMMER C DEMO SDS MA 60.90 0.00 60.90
****Unapplied Payments**** Amount Allocated. Remaining
CURRENT 30 DAYS .60 DAYS 90 DAYS 120 DAYS TOTAL DUE
1279.12 502.88 829.50 0.00 0.00 2611 .50
R[jNYON 1ECIOTI'MENT PI'X-PAL
410 WEST CARMEI, DPIVE
CAR�'i:-L, IN 116032
(3 1'7; 566--3888 STATEMEN',!' DATE: 11/20/12 503
PRTNNT�-EN'G DATE 1.1 2 17
F-J"\YON 1-�QUEPMi:114'1:' RENTAT,
x1 WFS'!' CARMv;j-, DRIVE
:3/','OC,- WEST 1315T STPE!"T
CARYME,L IN 46074 CAiZ114•I-, IN 460-32
F-- DATV.", 'TNYPI,CE# LOC DESCRIPTION % AMOUNTS CREDITS BALANCE'
09/27/1-2 2•1 .A93 100 POP 98TH ST 829 .50 0 . 00 829 .50
10/0(:./1.2 245331 100 Poll KEYSTONE 12,2. .2.3 0.00 122 .23
10/04"I 1> 2/1,-)399 100 11'ZE',SSURI-�" WASHER 2000 52.. .50 0. 00 52 .50
1.0/04/12 211:4 69 100 BOBCAT I.)ARTS &. SALES 59 . 00 0. 00 59. 00
10/05/1", 24`', :GO .10 0 P011 1.06'I'll ST 120.'75 0.00 120.75
1.0;12/1.:? 21.6:;91- 100 TIOSE 2"X50' BLUE, PVC 44 .99 10.00 44.99
10/i.2/12 246/:13 -0 0 '?011 AD-FOS PASS 42 . 00 0. 00 42 .00
10;1 ----2 1-(i.'-,'0-/'---,:00--i,X(-AVA9?OR- -BUCKI.T-,--/-O/--.---3 8!j,-.-2 0. 00 384 .21
- 3,8'
1:0,'.1'7 12'rM':-2,46-E 03--.1WO-JERO f?- "') .'-00 -.90
--- -
1-0/::_81.'1.1 - 2,1-*-'O'�-)*3-..-.,.-00 ,.,"iT\-!-'.-\"I'-MARK-ER -W/-HANDL,:.:---:4.0 0 0 4 9
2 247W'-'8 1-00 -I'Oi.; silm., 52 . 95 0 . 00 52 .95
-
10/2/1./:L,,. 24'/529 100 P:Z'ESSUR3 WASHER 2.000 52 . 50 0 .00 52 . 56
10/25/1,2., 2 4,-/,7 0,0- 10 0 ARIROW BOARD 136 . 50 0. 00 136. 50
1.0/2,5%1,; 247,73 0 10 0, PARTS FROM SHOP `3 .95 0: 00 3,.9-5
10/26/12 247.£;5,5 100 1?0 11 SHOP 7 .95 0 .010 7- .9.5
10/3C/--,2 218,187, ".00 PO it SHOP 30'. 99 0.00 30.99
1.0/31%1,? 2/1 '.72 100 P01h POLICE DEPT 183 .75 ().'00 183 .75
11./0'i/1-2 2,491_'12 1.00 PROI�ANE60 POUND REF -44. 59 0. 00 4/1.59
/1-2 2- 100 CI 1'P HAMMER R1. K'ACEM 1.1 . 00 CO .00
-
1-1/1.4/1.2. 2 4 9 -3 9 100 POP si-Ibi) 52 .50 0 . 00 52 . 50
11./16/11'. 245830 100 LIGHTS 262 .50 0 . 00 262 .50
11/-1-9/'... 25C4G ...00 !?01.! PAT-CI-I 'I I C'.K 50.28 O: OC 50.28
PATCH TRI'CK" 5 . 69 0 .'00 5'. 69
11/1.91.1.1.. 2 5 C 2 9 10 0 i)OP
Paymenl-'s Amount A I o c a .en R e m a n n g
p 9 0, TOTAf� DUE'i,-,.,-
!7b DAYS �,�j 0
0
535,- 2 0:'c 0, -0.00 0 ' 001 262 2 .---/-.2
7 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 d might
RUNYON A®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
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
5URFAGE PREP RENTAL fir SUPPLY of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
L"F,L a FISHERS a INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates arty of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eigliteen(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 fora 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 a Sunday 9:00 am -3:00 pm
[CARMEL TED TO - JOB "LOCATION: TICKET #?,
STREET -DEPARTMENT # 503 PATCH TRUCK
3400 WEST 131ST STREET Con# 250529
CARMEL IN 46074
Loc 100
SSN PHONE: - DATE TIME
W (3 17) 733-2001 OUT 11/19/12 3: 15 PM SAF
F (317) 733-2005
ID#3•` 1; PO,/JOB. # RECEIVED BY
PATCH TRUCK MARTZ, FREDERICK KENT 11/19/12 3: 16 PM SAF
***FINAL*** Page: 1
QTY,;'ITEM#.
EXT AMT :`', NET'AMT;.
MIN .. HOURLY. "OVNITE,.. 8-HOUR' DAY WEEK 4 WEEK:.
1 072874129057 GLOVE LEATHER PALM XL 1290) .5. 69 5. 69 5. 69
f�4.
�•4 .
t.
/.".
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION�iH
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIBITED RENT
Customer is liable for all damages&repairs that result from alternative fuel. SALES 5. 69
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0
FULLY UNDERSTAND THOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND ND
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 Addl TAX 0.00
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE SALES TAX 0.00
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 0.00
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 TOTAL DUE 5. 69
&SUPPLY UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON SURFACE PREP RENTAL&SUPPLY IS
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. AMT BILLED 5. 6 9
EQUIPMENT °;; a } CELL
LEASED BY X ( ,' t"§'`_ PHONE 19-NOV-12 151618
EQUIPMENT
RETURNED BY X ;-` • . RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
,mince Rrrnvnn C#irfara Oran Rantal R Ci#nn1v hae haan nntifiart We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1,Inspection.Customer acknowledges that;I has nad an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer urders!ards its proper use.Customer further acknow edges its
duty to inspect the equipment prior to use and notify Runyon Surface Prep Supply LLC (thereinafter`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 seall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions.suits,proceedings,costs.expenses.damages and liabilities including attorney's fees which(1)relate to injury or to destruction of
property or bodily injury,tIness 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
dive,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 apairst all suits or proceedings commenced by anyone
in wt;ch 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 emission oy Runyon,and Customer shall be liable and responsible for all costs,expenses
and attorneys fees incurred in such defense and/or settierri 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 oeha,f and Customer agrees
that it shall be liable for all costs,expenses and attorney's fees incurred by Runyon m such defense
4.Rental Charges and Terms. Equipment with hour meters;s al uil eight(8)hours use within a 24-hour period of time. Rental rates for equipment are cased on usage during this eight f8)§our slrft. If Customer runs the equipment for over 8
bouts in one nay.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 Agreehent will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,wnether on the date of this Agreement or at anv 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.(bl Use when the equipment is in bad repair or is unsafe;(c)
Improper u,untended use cr misuse:;dl Use by anyone Otherthar Customer Or its employees,without Runyon's written permission:(e)Use at any location other than the address furnished Runvon without R_myon's written:permsson.
7.Fuel and Oil Levels.Ali ec,rp-cm a full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(B:odiese„E85,etc.)in Runyon equipment is prohib':ad.Customer is
;.able for all damages ar.d repairs+hat result from alternative file;. Runyon checks the o1 level in the equipment when it is rented to Customer f laiMerance of proper oil level In the equipnnem is solely tine responsibility of Customer.
8.Repossession.Jpor a;a:rure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the gocids from v.iherever they are,and Coalcr and his agents shat:got be liable for any claims
for damage or trespass wising out of the removal of;he goods.
9.Tires. Customer is totally resocns ble frr all tie repair. It is Customer's opton to checx over the tares before the equipment leaves and notify Runyon of any irregularff:os spotted.
10.Insurance. Runypds:nscrance does rot cover equipmem white in Customer's possession. Customer is responsible for insuring the equipment once it:eaves Runyon's prope ty and anti;it has been returned to Runyon's property and
payment has hewn rex:✓ed.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT i EPT AT RUNYON'S LOCATION OTHER THAN NORMAL BU&NESS HOURS REMMNS THE CUSTOMERS
RESPONS!BIL!"v.
11.Cleaning Charges. Equ p-ent is to he returned to Runyon as clear as when it left A charge of sixty-five dollars(S65.00)per hour.viii be charged far ceanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,but will remain bound by all obligations herein.Customer may not sublease or'oan the equipment without
Runyonss writtori 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 8 time)and retention of possession after this time constitutes a material breach of this Agreement.Time is or the essence in this
Agreement Any_yterisfon mist be rnuiially agreed upon in writing.
14.Late Return Tt le to equipment is and shall at all times remain with Runyon Failure to return the equipment by the"Due:n-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 t nat is the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorneys tees,court costs and
merest of one and one half(1 Y=)percent per month added to accounts over ten(t0)days old reflecting art annual percentage rate of eighteen(18)percent Customer agrees that this agreement is to be construed under the laws of the&ate of
Indiana anJ that if legal acton 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>a iure by either party to enforce any provision of flcs 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-carnage waiver"by Customer.Runyon:agrees to,and hereby does,waive its right,or any right it/night have against Customer,arisnng from normal damage of the
rental property.aormal damage m be determined by Runyon.Customer shall pay upon return of property rented a aunt 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 Me case of abusive damage,theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless o abusive operation or use of the equipment•use or operation of the equipment exceeding its
rated capadfy,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 no;an insura'.ce premium,and that this provision does not
represent an nsurance policy or an agreement to insure.No damage waiver license.sales or use;axes are included in Runyonss 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
beyond repair+iii,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 oy Runyon,or,at Runyon's option,by punters.at a
charge of shit)five do.)ars(§$65.00)per hour plus parts.
20.Severability.The provisions of this Agreement shall be severable so that the invali0y,unonforceribilfty,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 agues to ass crime the risk of end held Runyon and/or its
employees hamiless for any property damage or personal injures;including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage. Runyon's 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,ienuired by or resulting from the Customer s use or operatior of the equipmert.
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 equapmenL 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 enfiig location.Customer agrees not to held Runyon liable`or damages from down time,materials or other consequential damages resulting from the use of tie,equipment Customer releases and holds Runyon.its agents and employees
;armless from and against any and al losses,bah:it es,damages,injuries.claims,costs and expenses arising out of Customer's use or possession of the equipment,ircitiding,but not I mited to any and all fines,penalties and forfeitures imposed by
any govet nmental entity.and.to Ina extent not covered by insolence.any cia ms or liabilities to third parties arising out of the abandonment,conversion.concealment or unauthorized sale of the equipment by Customer,or its agents or employees
or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for ail loss,liability and expense in excess of the limits of liability provided for herein as a
result of rfury,death or proper,,.,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. Dur rig
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;s 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;rc:dde se: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 accommo date you after quoting the price.On pick up where nil Prior arrangements have beer,.made and rental items are not knocked dorm and assembled in one sheltered area,tables:and chairs will be left undl the next day when a special
crew cart be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up,
27.Waiver of Jury Trial.Each party waives its rsgnt to a jury trial of any claim or cause of action based on or ansng out of this agreement or the subject matter heieof.This waiver pertains to al!disputes-hat may ielate ro the ruin act matter Ferect,
dudiro.w^.'thout limitation,contract.tort.breach of duty,and all other common:law and statutory claims,and will not be subject to any exceptions.Each party fA)understands that this is a waiver of,rnporam legal rnr,ts and(B)ack-ov,`ledges that
ne she4i has(tied a reasonable opportunty to discuss this waiver and its effects with legal Counsel,Accordil each parry knowingly,voluntarily,irrevocably and unconditionally waives its Jury Ira:rghts.
28.Tickets,Fines and Penalties.You agree to tui:y and promptly pay all fines,ceralfies,parking tickets.taffic tickets,tolls,court costs,aftorneys'fees and other charges assessed art:ing the Term in conneaton w0i rime use,parketg,storage,and'
nr possession of the Equipment,regardless of the identity of the driver of any vehicle You rent from Us.
29.Traflers and Tarring.-he customer Is respons ble for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie doirms,pins and lights m a safe and secure condi€ion %,hile In their possession Customer agrees not:c tow'
any ha'er rented fray,LESSORQEALER(a)in a careless or ne i'sgent manner.(bi at excessive speed or(ci 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 ii.varned by the Da'ie5 Ero:pmemt Purchase Agreement, If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistem.then the terms Pom the Ecu pment Purchase Agreement prevail
AS-IS–NO WARRANTY:THE 4ARRANTY iS THE SOLE AND EXCLUSIVE WARRANTY APPLCABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES.INCLUD+NG.WITHOUT L'MITATION,THE 101`1_'ED
WARRANTIES OF MERCHANTABILITY AND-TNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON SURFACE PREP SUPP Y LLG OR AFFILIATED`OMPANIES W LL NOT BE
-TABLE OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OU T OF OR REL ATEDTOTHE SALE OFTHIS EQUIPMENTTO CUSTOMER REC-,ARDLESS OF'vv'NE?HER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRAC–S OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer s hatt!e for all shipping costs when returning or exchanging an item to Runyon,unless the product inas been damageo during sh.ppi g Tt s poi,ey asp apu ics uc r,a,ranty retums..4s
etared the'aiinvcr^"Return Pp6c:"v hen customers return an item or items for credit.a 25'1'restocking fee will be charged to your account plus all applcable inbourd and owbourd freight This pol cy a so apples to shipments refused and afar 2d.
All cancellello^s Ct whole goods are sibl—i to a 25`.'.(of total invoiced order)cancellation fee or in stock items from Runyon locations ONL..Return shipping of the product is not refundable.A:I pars purchases a-e non refuncab e Any shipment
,ece°ved in co9d lions,mer than brand�iaw will be charged 50%restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the customer's responsbi:ty to rebcrt arty,damage_sS"o,:ages wi:hrn 48 hours
of receiv,rg the produc..Runyon will rot accept dairns 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(10RA),Runyon will nstruci cuslnir:rrs as id me best means of
return rr3 merchard':se.Runyonss M.R,A's are valid for 30 days after issuance.MRAs are not valid after?.he 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue a•n MRA'or returns on uee,t cr damaged p:od,ols Any
`re;gnt related lamace 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:Serer represents and,warrants that:tai Seiler has all necessary right,power and authority to eater into and perform the transactions referenced herein,(br Seiler has good and marketaD:e title to the
Ecu:prnett:and(c)or,the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money hen,if any,to be retained by Seller should Seiler.at its sole coffer,elect to finance all or any portion;of the Purchase?rice).Buyer
represents and vvarrams;Mal fi)Buyer has all necessary right,poser 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 fe Pe
acceotable to Buyer in ail 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;trisiructions cperating and
user manuals,aid other information(including all training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
In consideration of the payment of additional rent classified as'damage waiver"by the Rentee,Renter agrees to,and hereby does waive its right,or any right lt might
R U N�(O N have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
ArA property rented a sum equal to 5%of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reddess,careless or abusive operation or use
URFAC6 PREP RENTAL fir 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
S 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,4 a total loss,will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
GARMEL•FISHER5•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates arty of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and It is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.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 PATCH TRUCK
3400 WEST 131ST STREET Con# 250461
CARMEL IN 46074
Loc 100
:.:
SSN.`:, PHONE . DATE"' '"".TIME ="
W (317) 733-2001 OUT 11/19/12 9:36 AM SAF
F (317) 733-2005
ID#3 PO/JOB`:#:-'. ,`' ' .:' - RECEIVED BY
PATCH TRUCK MARTZ, FREDERICK KENT 11/19/12 9: 37 AM SAF
***FINAL`, Page: 1
_QTY`" ITEM# _'._. . X ...
-: ..,.
•'E T-AMT NET' AMT
.MIN:: HOURLY,';OVNITE' . 8-HOUR DAY '-WEEK 4 WEEK .
1 072874129057 GLOVE LEATHER PALM XL 1290) ,x'5. 69 5. 69 5. 69
1 072874129040 GLOVE LEATHER PALM LG 1290E �`, ; . X5. 69 5. 69 5. 69
> ;:-
1 103 PROPANE 60 POUND REFILL " 38 . 90 38. 90 38. 90
IFTHE EQUIPMENT IS NOT RETURNED BY"WE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIBITED RENT 0.00
Customer is liable for all damages&repairs that result from alternative fuel. SALES 50.28
1 HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0.00
FULLY UNDERSTANDTHOSE 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 Addl TAX 0.00
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE SALES TAX 0.00
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 0.00
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 TOTAL DUE 5 0.2 8
&SUPPLY UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON SURFACE PREP RENTAL&SUPPLY IS
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR AMT BILLED 50.28
EQUIPMENT CELL
LEASED BY X PHONE 19-NOV-12 09:37 : 44
EQUIPMENT
RETURNED T
BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOTTIME 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 4..
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
unless Runvnn Surfara Pren Rental R Sunnly has ha_en nntitlorl 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 urdeistands its proper use.Customer further acknowicciges its
duty to inspect the equipment prior to use and notify Runyon Surface Prep Supply LLC thereinafter"Runyon")of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT
IT IS FREE FROM DEFECTS.
3,Indemnification. Customer agrees to assume:he risks of,acid hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment andor arising out of Runyon's negligence.
Customer shelf indemnify and defend Runyon against and hold R,mnyon harmless from any and all claims.actions,suits,proceedings,costs,expenses.damages and liabilities including attorneys fees which(t)relate to injury or to destruction o'
property or bodiig injury,i ness,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 here:r or by the liability or conduct(including
ai•!ve,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 aga:rst all suits or proceedings commenced by anyone
:n which Runyor 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 allegeo act or omission by Runyon,and Customer shat:be babe and responsible for ail costs.expenses
and attorney's fees incurred in such defense andror sethement,;udgment 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 a shall be liable for all costs,expenses and attorneys fees incurred by Runyon in such defense.
4.Rental Charges and Terms.Equipment with four meters is ai;owed eight(8)hours use within a 24-hour period of time.Rental rates for equipment are based on usage curing this eight i8)hour shift. It Customer runs the equipment for over 8
hours tin one day,Customer win 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 Agree^gent will be deemed to apply to ab Equipment Customer may rent or purchase from Runyon.,whether on the data of'his 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 cocunistances 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,unintendeg use or rna:se:;d)Use by a^gone other'har Customer or its employees,without Runyon's written permission:(e)Use at any location ether than the audress furnished Runyor,without Runyon's written permiss on.
7.Fuel and Oil Levels.Ail equipmert 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 l&odiese:.E85,etc in Runyon ecuipmsai is prohibited.Customer is
::able for all damages and recalls that ra>..it.icom alternative fuet. Runyon checks the or level in the equipment when it is rented'0 Customer. Maintenance of proper oil level in:he equipment is solely the responsibility of Customer.
8.Repossession.U,or.a facwe to pay font or other breach of this oortract.Dealer may terminate tln:s contract and take possession of arid remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims
for damage or t,espass wising out of the remova,of the goods.
9.Tjres. Cus'romer s totally responsible for all tire repair it is Customer's orlon to check over the tires before the equipment leaves and notify Runyor of any iregulanh es spotted.
10,Insurance. R.inyors:nsu-ance does riot cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it:eaves Punyon's property aril unto it has been returned to Runyon's property and
payment nas o=:en ref e:ved EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMA`NS THE CUSTOMERS
RESPONSIBILi1 Y
11.Cleaning Charges. Eq,prnent is to he returned to Runyon as clean as when it left.A charge of sixty-five dollars 1565.00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,but will remain bound by all obligations herein.Customer may not sublease o lean 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 tie rental period("Due In'Cate 3 lime)and retention of possession:after this time constitutes a material breacn of this Agreement.Time is of the essence in this
Aceegm•�rit.Any-xt nson rn_ut.be mutually agreed upon in writing.
14.Late Return it e 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).
f 5.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
nterest of ore and one half it 4z`percent per month added to account,,ever ten(10)days old.reflecting an annual percentage rate of eighteen(18)percent.Customs:agrees that this agreement is ro be construed under the laws of the State of
irolara and that it legal action is brought to enforce this agreement,that Hamilton County Indiana,shall be the jurisdiction and legal venue for said action,unless otherixise agreed by Runyon and Customer at a later time
17,Waiver,Any fat:ure by either party to enforce any provision of this Agreement shall no,constitute a waiver of such provision or prejudice the i ight of either party to enforce such provision thereafter.
18.Damage Waiver. In consideration of the payment of additional rent c assified as"damage waiver by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising nom nor Tal damage of the
rental property normal damage;o be determined by Runyon.Customer shall pay upon return of property rented a sums equal to 5"o rental charge.This"damage waiver'does not include darnage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage,theft o: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 of damage to tires,tubes and wheels caused by blowout.bruises,cuts,punctures or other causes inherent in the use of the equipment.it is understood the amount paid is not an insurance premium,and that this provision:does not
represent an 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.Custome•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 dales(565.00)per hour plus parts,
20.Severability.The provisions of the Agreement shall be severaole so trial the nvand&unenforceability or waiver of any of the arovisions 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 Runven andror its
employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon:.
23.Fees,Licenses,Permits,Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customers use or operation of the equipmer..
24.Charges. Customer shat!pay all charges required uncer 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 anc::r Ties are actually used.
25.Other Liability.Customer assumes all rsks from the improper use o 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
:n the renting location.Customer agrees not joined Runyon liable ror damages from down time,materials or other consecluentiai damages resulting from the use of the equipment.C;ufcmer releases and holds Runyon,its agents and employees
liar^,less from and against any and all losses,liabilities,damages,injuries.claims,costs and expenses adding out of Customer's use or possession of the equipment,including,but not limited to ary and all fires,penalties anc 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 true equipment by any governmental authority because of illegal or improper use.Customer shah additionally hold Runyor,harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a
resin of injury,death or proper%,carnage 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 employes of Runyon for any reason or any Durpose. Dur.rg
me term of this Agreement Custo mer assumes lull responsibility for the equpment to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delivery is made to closest Dojrt 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 de ivory with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for aulhodza`ion.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 writ)be left until the next day when a special
crew,can be scheduled.There will be an add tional one day rental.A knack 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 dia!m or cause of action based on or arising of it of this agreement or the subject matter hereof.This waiver pertains to asi disputes the',may relate to the sutnlect matter berocf.
:nciuoing•without Irnitation,contract,for[.breach of duty,and all other com,ion law and statutory claims,anc will not be subject to any exceptions.Each party[A)undcnitands that this is a waiver of important legal rg`its a::d(B)acknowledges that
e'she-d has had a reasonable Opportunity to discuss this waiver and its effects with legit counsel.Accordingly.each part'knowingly voluntarily.irrevocably and unconditionally waives its;ury rJ rights.
28.Tickets.Fines and Penalties,You agree to fu;'y and promptly Jay ail tines,penalties,parking tickets:traffic tickets,tells,court costs,attorneys'fees and other charges assessed during the Terri in connection vv:h the use,park;;ng,storago,and
or ecssessicn of Cie Eouipment,regardless of the identity of the driver of ary vehicle You rent from Us.
29.Tralfers and Towing.—he customers responsible for inspecting and maintaining the trailer coupling mechanism,safety cha:ns,all tie downs,pins and lights if-a safe and secure condition while in their possession.Customer agrees ict tc tow
any tra',e-r:erted from LESSOWDEAL-ER(a)in a careless or neg::gent manner,(b)at excessive speed or(c)while under the influence of medication alcohol.or illicit drugs.
30.Headings.The headings used nereir are solely for convenient reference and shall not be used to construe or affect tie interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the panes'EGupmerit Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsstent.then the terms from the Ectuipmeni Purchase Agreement p'eva'
AS-IS—NO WARRANTY:THE WARRANTY:S-HE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING.WITHOUT LIMITATION,THE MPUED
;'dARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THiS EQUIPMENT RUNYON SURFACE PREP SUPP�y 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 OFWHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS:The customer;s=able nor all shipping costs when returning or exchanging an item to Runyon,unless the product has been damageo during shipping This Policy also applies to warranty returns.As
stated r the Runvor"Retum Policy."when customers return an item or items for credit,a 25%restockirg fee will be charged to your account,plus all applicable inbound and outbound fre LThis pulley also applies to shipments refused and returned.
All canceilat:ois of whole goods are subject to a 25%(of total invoiced order)cancellation fee or,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 ether that brand new will be charged 509,;restocking fee of the total amount.All returns must be properly boxed before they are returned.Ifs the customer's respons biiih,sr.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 to best means of
returning merchardise.Runyon's MRA's are valid for 30 days after issuarce,MRAs are not valid after true 30 day time limit excites Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or gamaged products.Any
freignt related damage must be noted on the signed Bib 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)Seiler has all necessary right,power and authority to onto,into and perform the transactions referenced herein,lb)Seller has good and marketable title to the
Equipment;and(c on the Transfer Date,Seller will Canvey the same fo Buyer(save only for the purchase money hen,it any,to be retained by Seller should Seller,at its so,e color,elect to finance all or ary porter of the PJrgha58 PeCe).Buyer
represents and wartarts that:(j)Buyer has all necessary rjghl,power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined the Eawprrsit card found the sarne to be
acceptable to Buyer in ail respecs 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(Inc;ogling all training required under applicable OSHA and/or ANSI Standards•if any)regarding the proper and safe trar:slawtation use.maintenance.repair and storage o the Equipment.
In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
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`�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
Psunyor 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
51JIRFACE PREP RENTAL fir SUPPLY of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,If a total loss,will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
C"el-•1`1511ER5•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.
FAX;317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.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 a Sunday 9:00 am -3:00 pm
RENTED'TO : 'JOB—LOCATION TICKET-#
CARMEL STREET DEPARTMENT # 503 LIGHTS
3400 WEST 131ST STREET Con# 249830
CARMEL IN 46074
Loc 100
PHONE DATE TIME
W (317) 733-2001 OUT 11/13/12 9: 07 AM"WH
F (317) 733-2005
^ID#3. PO/JOB # RECEIVED" BY .
LIGHTS STAPLETON, NATHAN A RETURNED 11/16/12 3 :20 PM MS
***FINAL*** Page: 1
QTY ITEM# EXT:`AMT NET;AMT
-
MIN HOURLY'.' OVNITE. 8-HOUR DAY WEEK 4 =WEEK" ;,,:: ,
1 5782-0005 LIFT SCISSOR 19' X 30" ;, `,• 250. 00 250.00
$100 . 00/D 100 .00 100 . 00 250,x:'00';,=0qq''650 . 00
4z ..
:✓ e
IFTHE EONPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT} RENT 250.0 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 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 12 .5 0
OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X - Addl TAX 0.00
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE
TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT.I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE SALES TAX 0.00
THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY
EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON SURFACE PREP RENTAL&SUPPLY DEPOSIT 0.00
IMMEDIATELY. RUNYON SURFACE PREP RENTAL&SUPPLY IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, !y
FEES,ANDIOR 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 2 6 2 .50 ar
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT -Nc i h; CELL AMT BILLED 262.50
LEASED BY X "� ?}
` t ::: : PHONE
16-NOV-12 15 :20 :58
RETURNEDTBY X •• .. RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES,FUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
uniecc Runvnn Surfar_P PrPn Rantal R Sunnly hac haan nntifiarl 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 oar good condition,and that Customer understands its proper use.Customer farther acknowledges its
duty,tc 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 me risks of,and hold Runyon harmless fur,property damage and personal injuries.including death and dismemberment.caused by the equipment andror arisirg out of Runyon's negligence,
Cus'cmer 31hall:ndemmly and defend Runyon against ano hold Runyon harmless from any and all claims,actions.suits,proceedings.costs.exoenses.damages and liabil;ies including attorneys fees which fl)relate to injury or to destruction of
property,or bod:y injury,:!Tress.sickness,d sease or death of any person fmcluoing employees o`Customer),and(2)are caused by.or claimed to be caused,in whole or in cart,by the equipment leased herein or by the uabi fir or conduct inciud ng
adtr is,oaslve,primary or secondary,of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at is own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
,1h:cn Rury^r• a ramad 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 emission by Runyon.and Customer shall be liable and responsible for all costs,expenses
and attorney's fees incurred in such defense and/or settlement,judgment or Other resolution. In the event that such action is commenced naming Runyon as a pasty.Runyon may elect to defend said action or its own behalf and Customer agrees
that shall be fable for all costs,expenses and attorney's fees inclined by Runyon in such defense.
4,Rental Charges and Terms. Equipment with hour meters,s all ved eight(8)nours use within a 24-hour period of time. Rental rates for equipment are based on usage During this eight(8)hour shift. If Customer rusts the equipment for over o
hours in One day,Customer will be charged for extra hours on ggmpment.Ore 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 2�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.,wv ether on the date of this Agreement or at any time in the future{except only
as to any Equ'pmsnt ar dior other items with respect to which Customer executes a Pew Agreement)
6.Prohibited Uses, Use of the eq€Lpmerd in the foilow;ng circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or In an illegal manner,(b)Use whey the equipment is in bad repair or is unsate:(c
improper,urmu,nde;use or misuse:(di Use by aryome other,than Customer w its employees without Runyon's written permission;(a)Use at any location other than the address furnished Runyon witnout Pinyon's writen permission.
7,Fuel and Oil Levels A'.equipment s full of t,ie:when rented to Customer and must be returned to Runyon fui or additional charges will apply.Also.use of alternative fuels(Bodesel.E857 etc,)in Runyon equipment s prohibited Custorre,is
liable for all oamages and repairs fiat result from alternative fuel Runyon checks the of level in the equipment when it is rented tO Customer.Maintenance of proper oil level In the equipmem s solely the responsibility of Customer.
B.Repossession.Uper a taihre to pay rent or other preach of tr:,s contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall rot be'iable for any claims
`or damage or trespass arising Out Of the remove!Of Ina goods.
9.Tires.C€stor,:er s r-I!y resnons bie to all lire repair. It!s Cus?omen's option tO check over the toes before the equipment leaves and notify Runyon Of any Iragulatries spotted.
10.Insurance, Ta,inyan's rsuranCe does not cove,equipment while in Customer's possession, Customer is responsible for insuring the equipment once it leaves Runyon's property and anPl It has been returoed to Runyor's property and
payment nas barn-e_-eTvcd.ECU!P`A`:N-MAY ONU• BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REftAINS THE CUSTOMERS
RESPONSIBIL11Y.
11.Cleaning Charges. Eq.:pmert is to be returned to Runyon as clean as when it left A charge of sixty-five dollars 1865.00)per hour will be charged for cleanup
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,but will remain bound by a!:obligations nerein.Customer may not sublease o,loan the equipment without
qunyon's:vrifter,permission.Any purported assignment by Customer e 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?tone constitutes a materiai breach of this Agreement Tine!s <the esserce-in this
ig•re"'e�i Any?xienslor must be mutually agreed upon it writing.
14.Late Return °!llr to enuip-em is and si a>at ail times remain with Runyon. Fail€se to return the equipment by the"Due!n`date will subject Customer to a charge.or 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 coliect damages together with reasonable attorney's fees,court costs and
erect o`one and one half f1 f-)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 Sate of
Irc.ana and thut':egal acton is brought to enforce this agreemert,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, An::ailure by eltner party to erforce any provision of this Agreement shall not conslitufe a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18.Damage Waiver.It,consiaeratior of t^e payment of adcitonal rent classified as"damage warder'by Customer,Runyon agrees to,and hereby,does,waive,its nigh,,or any right it might have against Customer,arising from normal damage of the
rental oroperty.i! rrral damage tie be determined by Runvor.,Customer sriall pay upon return of property rented a sum edual to 5`s of rental charge.This"damage waiver•does not include carnage or loss of the property is a result of the negligence
Of C:stone o.br the case of abusive damage,theft or other gross negligence of Customer.This damage waiver seali not apply to reckless.careless or abusive operation or use of the equipment.use or operation of the equipment exceeding its
aced cape y.:,r damage to tires tubes n!nd wheels caused by olowout,bru ses,cuts,punctures or other causes inherent in the use of the equip.^.ent.It is understood the amount paid is not air insurance premium,and that this provision does not
•epresem an insurance policy o•air agreement to:nsure.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 fo any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyoi s possession.Eg€:ipment lost,stolen or damaged
beyond rape:wr he pate?or at its curent 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 s xt1-five dollars 1SF-100)per hour plus pasts.
20,Severability. 1 he provisions of this Agoo ment shat!be severable so that the invalidity,unenforceabi!ty or waiver of any of the provisions snai;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 nslr of and hold Runyon ardlot its
e^npioyees harmless for any property dannage or personal injuries,Including damage and personal injuries attributable to the negligence of Runyon.
22,Property Damage. Runyon is not respens b:e for any damaae'whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23,Fees.Licenses.Permits.Taxes and Fines. Customer shall pe 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.Cu orrer shall pay all charges regJrec under Miss Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and tnat no refund or reimcurserrent is due Customer in the event tier fewer
days an,;or miles are actually used.
25,Other Liability,Customer assumes al;risks from the imprope!use of the equipment.Customer is responsible for dacnages to Customer's property or goods in storage or in transit,a for any property left or stored it the equipment or elsewhere
g.the r nt::ig'o,9f:on.Customer agrees not to hold Runyon liar;e for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer�oleases an!holds Runyon its agents and employees
^armless florin gad adav st any and all losses,liabilities,damages,Injures,claims,costs and expenses arising out of Customer's use or possession of the equipment,including,out not emited to any and ar fines,penalties and forferures imposed by
any governrmema catty,and,to the extent not covered by insura,ice,any c!a!ms or liabilities;o third parties arising out of the abandonment,conversion,concealment or unauthorized sane of fit,equipment by Cust!TW,,or its agents or employees,
or`or the co:&sf,ation of tea equipment o;.any governmental authority because of 1!egal or improper use Customer shall additionally hold Runyon harmless for all ioss.liability and expense it excess of the units of liability provide!far herein as a
asp'of injury oath or property damage arising out of Cusromer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agert servant or employee of Runyon for any reas.;n or any purpose Ddiirg
The tern of V-,is Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Deliver;is made to closest poin•truck can park Extra charges will result in deliveries to upstairs,elevator use or any point whero extra time is involved,Our service does not Indocle 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 tine permits,we will
try to accommodate you affer quoting the price,On pick up where Ito prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be unt l tr e next day Tien a soec:al
crew can be scheduled.There wit'be an adgitional one day rental.A knock down tee will result if rental tems are still up.
27,Waiver of Jury Trial.Each party waves'is nghi to a jury root 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 sub:ert matte,ha<eof
ncluding .v:tn ut!ilnitaior.contract,tort,bread 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 leca:ricnis,and(6)ackrov,edge,that
harshe'!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;urv?nal iiohts
28,Tickets,Fines and Penalties.You aonle to ful v and promptly pay a'!fires.peraites parking tickets,traffic tickets.:oils,court coats.attorneys'fees and other charges assesseo during the Term in connector with•he:use parting.s'oragc ^a
or possessieq of the Equipment,regardless of the identity of the driver of any vehicle YOU rent from Us
29.Tteiars and Towing.The customer s responsible for inspecting and maintaining the frailer coupling mechanism,safety chains,all tie downs,pins and!!grits it a safe and secure condition while in their possession.Custome�agrees cot'o to.e
a y tra le.rented fro,:i_ESSORr 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.,he headings used herein are solely for convenient reference and shall not be used to cohsirue or affect the inter,retation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also goverred oy the oart es'Ecuipme^i Purchase Agreement. if the Equpment Purchase and the Terms and Conditions previously enumerated are inconsistent,:her the terms from the Eduipmert Purchase Agreement prevail.
AS-IS—NO WARRANTY:'HE OVARRAN`Y!S THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,iNC:_UD.NG,WI'HOUT LIMITATION,THE Wpl.:ED
WAaHAN7FS OF MERCHANTABILITY AND`ITNESS FOR A PARTICULAR*PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON SURFACE PREP SUPPLY L_C OR AFFIL'.AT ED COMPANIES WILL NOT BE
_I,AB_E OP.RESPONSIBLE FOR ANY SPECIAL.INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OU`OF OR RELATEDTOTHE SALE OFTHIS EQUIPMENTTO CUSTOMER,REGAPDLESS OF WHE1"HER SUCH DAMAGES ARISE
UNDER THEOR ES OF THE L.AW OF CONTRACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for ali shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during sh!pping.Th s poky also applies tc warranty returns,As
stated:r the Runyon"Return Poicy"wheri customers return an item or items for credit,a 25%restocking fee wilt be charged to your-account,plus all applicable inbound and outbound freight This col cy also applies In shipments refused and returned.
All caricelfatiors.of wficla!Odds are subject lea 25°b(of total invoiced order)cancellation tae On in clock items from Runyan locations ONLY.Return shipping of the product Is not refurdabie.All parts pur chases are nun refundable.Any shipment
receved in condmors crier than brand new will be charged 500'L restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the customer's resgonsihi!ity to report any darmagee;sho^ages witnin 48 hors
of receivinc the:,roduct.Runyon will not accept claims 48 hours after delivery.Runyon will not accept,returns without authorizatior.Upon.issuing,a Merchandise Return Authorization(I fRAI.Runyon will instruct customers as to the best means of
•eturrir.q Temnardise.Runyon's MRA's are valid for 30 days after issuance,MRAS are not valid after the 30 day time limit expires Runyon will absol€nely net,under any(,,ircumstances,asue ar MRA for returns on used or damaged products Any
e got relacd damage mars;be noted on the signed Bill of Lading AT THE TIME OF DEL VERYThe purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Se:ief represents and warrants that:fa)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein:fbj Sehe,has good and rnarketab;e title to the
E,,Lipmer.?.and(c)on the Transfer Date Serer will convey the same to Buyer(save only for the purchase money hen,if any,to be retained by Seller should Seller.at its sole option,elect to finance all or airy port!ol:of the Purchase Price).Buyer
-erresen:s aid warrars that r Buyer:)as all necessary right,power and authority to enter into and perform the transact?ons referenced herein:(it)Buyer has sa:ecred arid carefully inspected ano examined the Ecuipme^t and found*the same td be
?cceotan.e to Buyer:n all respects based on criteria established sorely by Buyer and not biased or:any recommendation by Seller,and(iii)Buyer has received,carefully reviewed and!s sat;sf:ed t^nth all available trairirg,instructions,operating and
.se manuals,rrdl other infornlarion;inauding ai training required-:nder applicable OSHA andor ANS Standards,if any)regarding the proper and safe transpgrtatron,use.maintenance.repair and storage of the Ecimment.
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 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
ArA property rented a sum equal to 5%of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use
SURFACE VREP RENTAL e,SUPPLY of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an Insurance
410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,Will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
CARM£L•F15HER5•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one halt(1 ill)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,ether 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 SHOP
3400 WEST 131ST STREET Con# 249939
CARMEL IN 46074
Loc 100
SSN' - PHONE' DATE TIME '
W (317) 733-2001 OUT 11/14/12 9: 06 AM SAF
F (317) 733-2005
ID#3; PO/JOB` #. `. : - RECEIVED BY
SHOP JOHNSON, RANDY R TURNED 11/14/12 2 :45 PM SAF
***FINAL Page: 1
� QTY, ITEM#, s - '. EXT"AMT NET..AMT
F. MIN HOURLY ; OVNITE HOUR- DAY WEEK 4 WEEK
1 8131-0022 PRESSURE WASHER 2000 PSI , 50. 00 50 . 00
$40 .00/4 50. 00 50. 00 2-00=i';00 x:, 600 . 00
z
;•tit
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE sUBJECTTO A CHARGE OF CONVERSION(TH RENT 50.00
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIB TED.
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 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 2.5 0
OTHER PERSON. I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X Addl TAX 0. 00
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE
TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT.I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE SALES TAX 0.00
THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY
EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON SURFACE PREP RENTAL&SUPPLY DEPOSIT 0.00
IMMEDIATELY. RUNYON SURFACE PREP RENTAL&SUPPLY IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OFTHIS EQUIPMENT.IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON SURFACE PREP RENTAL
&SUPPLY UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON SURFACE PREP RENTAL&SUPPLY IS TOTAL DUE 52.50
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. AMT BILLED 5 2 .50
EQUIPMENT ns I rs,'• ii r CELL
LEASED BY X PHONE 14-NOV-12 14 :4 5:2 6
EQUIPMENT
NED
R BY X `� :.`'�`�! - RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES,FUEL AND ELECTRIC CURRENT. will apply. X :.i.
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
ritntpec Runvnn 3urfacp Prpn Rpntat 9 Sunniv hac hppn nntifiprl We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that;t has had an opportunity:o Dersonally inspect the equipment and finds it suitable for its needs and it good condition,and that Customer urdersiares s proper use.Customer further acknowledges its
duty to inspect the equipment prier 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!,,assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the aqutpriert and/or arising out of Runyons negligence.
Customer shall indemnify and de fend Runyon against and hold Runyon harmless from any and aft claims.actions.sulfs,proceedings,costs,expenses.damages and liabilities including attorney's fees which(t)relate to injury or a)destruction of
property,or bodily injury,idess.sickness,disease or death of anv person;including employees of Customer),and(2)are caused by.or claimed to be,caused.in whole or in pat.by the equipment=eased hereir or by the liability or conduct(inc ud,gg
acuvc,bassive,primary or secondary)of Customer,its agents of employees,or anyone for whose acts any of:hem may be liable.Customer shall,a:its own cost or expense,defend Runyon against all suits or proceedirgs commenced by anyone
o wh ch Runvor is a named party for which Runyon is alleged to be liable or responsible as a result of or arisirg out of the equipment,or any alleged act or omission by Runyon,and Customer seal;be liable and responsible for 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 naming Runyon as a party,Runyon may elect to deferd said action on its own behalf and Customer agrees
that*shell be table for all costs,expenses and attorney's fees incurred by Runyon er such defense.
4,Rental Charges and Terms. Equipmert with hour meters is al owed eight(8)hours ese within a 24-hour period of time.Rental rates for equipment are cased on usage during this eight(8)hour shaft. It Customer runs the equipment for over 8
hours it cne nay.Customer`.Viil be charged for extra hours or)equipment.Ore day is 24 hours or eight(8)hours rulmir.g time. 15 hours running time in 24 hours=a I-day chance 24 hours running time;n 24 hours=a 3-cay 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 10 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;n an illegal manner:!b)Use when the equipment is in bad repair or is:unsafe;(c)
Improper,unintended us?or misuse,(dl Use by arvone other than Customer or its employees,without Runyon's written oermssion:(at Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels.All equipments toll of fuel when rented to Customer and must be returned to Runyon full or additional charges viii apply.Also,use of alternative fuels(Biodiesei,E85,etc in Runyon equ pmert is Prohibited.Customer is
::ablc for all damages and repairs:no,re_ul:from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper oil level in tiip equipment is solely fine respons:b:lity of Customer.
8.Repossession.Jpcc a failure to oay rert o r other breach of ih s contract,Dealer may terminate this contract and take possession of and remove the goods from vir:erever they are,and Dealet and his agents shall not be::able for any claims
for damage gr trespass arisina out of the rerrova:o'the goods.
9.Tires.Customer s totally resoons ble for all ere repair. It is Customers option to check over the tires before the equipment leaves and notify Runyan,of any irregularities spotted.
10.Insurance. Runyon's:nsuzrce does not cover equipment while in Customer's possession. Customer is responsible for irsunrg the equipment once it:eaves Runyon's propel and until it qas been returned in Runyons property and
payment has been received.EQUiPMP:N--MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NOR`AAi.6 uSINESS HOURS REN4A'NS THE CUSTOMERS
RESPONSIBILITY.
11.Cleaning Charges. Eou pme,t„to be returned to Runyon as clean as when it left.A charge of sixty-five dollars(S65.00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but wit!remain bound by all obligations here,n Cussomar may Plot sublease or loan the equipment wiU out
Runvor s written permission.Ary purported assignment by Customer is void.
13.Time of Return. Customers right to p?ssesson terminates cn the expiration of the rental period("Due In-date 8 time)and retention of possession after this time constitutes a material breach of rt s Agreement.Time i;of the essence in this
Aoreeme^t Any extension must be rnutualit'agreed upon In wnarg.
14.Late Return.?ale to equvpment is and shat:a;ail times remain with Runyon. Failure to return the equipment oy the"Due In"date will subject Customer to a charge of conversion(theft;
15,Time of Payment.Accounts are due and payable at the terminanon 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 tries.court costs and
merest.of one ai d one half(1 y,)pergen;per month added to accounts over tan f10)days did.reflecting an annual percentage rate of eighteen(18)percent,Customer agrees that this agreement is to De construed under the laws of the State of
Indiana and that if legal action is brought to enforce this agreement,that Hamilton Courty.Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17.Waiver. Any failure by either party to orforce any provision of th s 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 consioeratior or irie payment of additional rent c_assifred as"damage waver 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 o be determined by Runyon.Customer shall pay upon return of property renteo a Burn equal to 51,,�of rental charge.This-damage waiver”does riot include carnage or toss of the property as a result of the negligence
of Custom?;or in the case of abusive damage,theft or other gross negligence of Customer,This damage waiver shall not apply to reckiess careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its
ated capac ty,ry damage to tires,tubes and wheels caused by b!ewou*.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 ibis provision does not
represent an Insurance policy or an agreement to insure.No damage waiver license.sates or use taxes are included iq Runyon's rental rates,They are extra.
19.Damaged,Dirty,or Lost Equipment.Customer agrees to Day for any damage to or loss of the goods,regardless of cause,except reasonable wear and teat while the goods are out of Runyon's possession Equipment lost,stolen or damaged
beyond repair writ be paid for at Its cuI rent list pace plus the cost Of rental uD to the time of reporting the loss or th?8 to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon 5 Opt DP,by others,at a
charge of sixty-5vc dollars(565.00;per hour plus parts.
20.Severability.The provisions of this Agreement shall be severable so that the invalidity,unenforceability or waiver of any or the provisions steal!rot affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon',employees assist in loading or unloading the equipment-Customer agrees to assume the risk of and hold Runyon and/or its
employees harr:less for any property damage or personal injuries,inclu&g damage and personal Injuries attributable to the negligence of Runyon.
22.Property Damage. P.myon 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 shah be solely responsible for paym ent of any fees,licenses,permts,taxes or fines,required by or resulting from the Customer's use or operation of the eouipment.
24.Charges. Customer shall pay a!I charges required under;his Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and trial no refund or reimbursement Is due Customer in the event that fewer
days ana/or mites are actually used.
25,Other Liability Customer assurnes 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 it the equiprnert.or elsewhere
n the renting rotation,Customer agrees riot to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases arc holds Runyon its agents and employees
narniless front and aga;ttsf any and all losses,;iab:jives,damages,injuries.claims,costs and expenses arising out of Customer's use or possession of the equipment,including.uut not landed to any and all fines,penalties and forfeitures imposeo by
any governnientai emity,and,to hie extent not covered Dy insurance,ary claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized saie of'hc equipment by Customer.or its agents or employees
or for the confiscation of the equipment by ary governmental authority because of illegal or;r proper use.Customer shall additionally hold Runvort harmless for all loss,lab!try and expense in excess of the limits of liability provided for herein as a
resu t of injury,death or property damage arisirci out Of Cu°amar's use of the equipment. Neither Customer nor any Other user of the equipment shall be deemed the agent.servant or am:loyee of Runyon far any reas0r or any purpcsa. Durrg
the term of this Aareement,Customer assumes full responsibility for the equipment to the public and arty 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(ime is involved.Our service does riot include set up and knock down of tables and hairs.
If this service is required,arrangements should he made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,air 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 specal
crew can be scheduled.There will be an additional one day rectal.A knock down fee wil result if rental items are still up.
27.Waiver of Jury Trial,Each party waives its right to a lury trial of ary cia:m or cause of action based on or arising out of this agreement or the subject mater hereof.This waiver pertains to ail disputes that may relate in the subject mat+per hereof.
,clueing,vothoat rmitation,contract.loft,breach of duty and all other commor law and statutory claims,and will not be subject to any exceptions.Each parry(A)understands that this is a waiver of impor:art legal rights and(B;acknowledges that
ns/she!it has rid a reasorabie opportun ty to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its liry tr a!nahts.
28.Tickets,Fines and Penafties,Yx.agree fc fu!:y and promptly pay a!:fines,penalties,parking tickets,t•at i.tickets,tolls,court costs,attorneys'fees and other charges assessed during the Term in c onrari:on sv::h Ir.e u_e,par,k!t t,s r,ag nnlf
r,r,osscss0r of the Equipmert regarl of the identity of the driver of any veh'cle You rent from Us.
29.Trailers arid Towing.The customer is tospons!ble for inspecting and maintaining the ita lot coupling mechanism,safety chairs,all tie do:vns,pins and tights;r a safe ano secure condition will,in that,possession.Customer across not.lo tarn
any lmjer rcnted fro-:-,LESSOR.rDEALER(a'in a careless or neg'.'gent manner.(b)at excessive speed or(c)while under the influence of medication.alcohol.or illicit drugs
30.Headings.The headings used hereir.are solely for convey ont reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales ate also goveried'sy the oases 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 VARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING.WITHOUT UNIIIATION,THE IMPLIED
NARRANTIES r3F MERCHANTA61'.JT"AND PTNESS FOR A PARTICULAR PUPPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON SURFACE PRE?SUPPLi LLC OR A.FFI:_iATED COMPANIES WILL NOT BE
LIABLE OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT O`=OR REL ATEDTOTHE SALE OFTHIS EQUIPM=.ENTTO CUSTOMER,REGARDLESS OFWHETHr_R SUCH DAMAGES ARISE
UNDER THEOR'ES OF THE LA'.'r OF CONTRACT.S OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is Gabe`or all shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipp,rig.Th,s policy also applies to warranty returns.As
stated in the Runvor"Reid:n 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 freRght.This policy as,-applies to shipments refused and returned
All cancellations of whole goods are s.ibjnt to a 25!„(of total invoiced order)cancellation fee or in stock Items from Runyon locations ONLY.Return shipping of the product is not refundable.Al parts purchases are non refundable Any shipment
received in conditions other than oranc new,will oe charged 50° restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's resensbi:h•fo report any damages%shortages within 48 hours
of rereiving the product.Runyon will not accept claims 43 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will nstruci customers as to the best means of
returning metcha ndise.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 no:.under any urcumstances,issuz an MRA or returns on.ised or damaged products Any
t i e'grit relater,'damage must De noted or,the signed Bill of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Selzer represents and warrants that:(a)Seiler has all necessary right,power and authority to enter into and perform the transactions references hercin (b)Seller has good and marketable fire to ty?
Eou:pireN:and(c)or:the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,If any,to be retained by Seller should Seller,at its sae oohor,elect to finance all or any portion of irie Purchase Price)Buyer
represents and wairarts that:(i)Buyer has all necessary right power and authority to enter Imo and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined the Equipment and found thc sarne to be
acceptable to Buyer in ail 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 w.th,all available trair:rg.irsircct Dos,operating and
user manuals,and Diner information finctiding a!i training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance.repair and storage of the Equipment.
VOUCHER NO. WARRANT NO.
ALLOWED 20
Runyan T-wjri--Sjores (VirAAZft-
IN SUM OF $
4�0 W arm�o-k,7--'v
7-8.5-.Z-klen ry_G u n n-713 aa'd
9tLar ta;_1NT-460311 k. ry (,,G
$193.64 �2,
ON ACCOUNT OF APPROPRIATION FOR
Carmel Street Department
PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members
2201 249830 43-530.99 $85.17 1 hereby certify that the attached invoice(s), or
2201 249939 43-530.99 $52.50 bill(s) is (are) true and correct and that the
2201 250529 42-311.00 $5.69
materials or services itemized thereon for
2201 250461 42-311.00 $50.28
which charge is made were ordered and
received except
� e
Thursday, November 29, 2012
/. v.
.eStreet_Comrn�ssS',[ oner
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund
Prescribed by State Board of Accounts City Form No.201 (Rev.1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service,where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
11/13/12 249830 $85.17
11/14/12 249939 $52.50
11/19/12 250529 $5.69
11/19/12 250461 $50.28
I hereby certify that the attached invoice(s), or bill(s), is(are)true and correct and I have audited same in accordance
with IC 5-11-10-1.6
20
Clerk-Treasurer