216183 01/09/2013 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $2,354.28
CARMEL, INDIANA 46032 410 W CARMEL DRIVE
CARMEL IN 46032 CHECK NUMBER: 216183
CHECK DATE: 1/9/2013
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
2201 4237000 STREET 325 . 86 REPAIR PARTS
2201 4353099 STREET 2 , 028 .42 OTHER RENTAL & LEASES
RUNYGN EQUIPMENT I:L;NTAL
410 WEST CARMEL, DRIVE
CARMEL, IN 46032
(3171 566- 8888 STATEMENT DA'T'E: 12/'26/12 503
PRINTING DA'L'E: 12/2'//1.7_
--� REMIT TO:
CARMEL STREET DEPARTMENT I RUNYON EQUIPMENT RENTAL
3400 WEST 131ST STREET 1410 WEST CARMEL DRIVE
CARMEL IN 46074 CARMEL, IN 46032 I
DATE INVOICE# LOC DESCRIPTION AMOUNTS CREDITS BALTiNCE.
10/04/12 245331 100 POR KEYSTONE 122 .23 0. 00 122 .23 T
10/04/12 245469 100 BOBCAT PARTS & SALES 59 . 00 0. 00 59. 00
10/24/1.2 247529 100 PRESSURE WASHER 2000 52 . 50 0. 00 52 . x0/
11/21/12 250470 100 P0fl BIKE PATH SHEL130 '761 .25 0. 00 761 .25
11/26/1.2 250988 100 HiNMMER C DEMO SDS MA 60. 90 0 . 00 X50 ."90✓
11/28/12 '251167 100 HAMMER C DEMO SDS MA 60. 90 0 . 00 x.: 60. 90
11/30/12 251272 100 POINT & CHISEL LARGE' 1-13 .40 0.00 y 1.13 .40✓
12/03/12 251673 100 JLG PAR'I'S 76 . 97 0.00 r '76. 97►
12/0-7/12. 252.008 100 PO# PATC13 38. 90 0.00 - 38. 90/.
1.2/0'7/12 252020 100 PROPANTE .3-0`POUND REF 20.90 0. 00-• 20.9O'✓ -
12/13/12 252456 200 CONCRETE PLANER 8" G 210 . 00 0. 00 e210'. 00
1.2/14/12 252572 100 CONCRETE VIBRATOR 78.75 0. 00 78.75x- ,
12/17/12 252752 100 RUB ERK 20GR 8 1IX3"X1. 1.6 .15 0. 00 16 .15
12/1.8/12 252890 100 GROUND PROBE 4 ' 1103 .96 0. 00 103 .96✓
12/19/12 252955 100 PO# SHOP 68.98 0'. 00 68.98
12/26/1.2 253292 100 POl! 1C1E MELT 1583 .22 0 . 00 ° 1583 .22✓
x*FF I .app.tied Payments**"* Amount- Allocated Reny-//King
Qp PJ���
CURRENT 30 PAYS 60 -DAYS 90 DAYS 120 DAYS TOTAL DUE
2372 .13 -- -822 . 15 -------33 .-'3 -0. 00 ---- x. 00 - 342&.01 J
1------ ------- -- ------------ -"---- -------
Rt� L .�
'
In consideration of the payment of additional rent classified as'damage waiver"by the Rentee,Renter agrees to,and hereby does wane 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,r 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
RUNYor 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
t URFACE PREP RENTAL fir 5UPPLY of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,'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
GARM£L a FISHERS•INDMNAPOL.15 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(1 V2)percent per month added to accounts overten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
'Don't be a toot-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonsurfaceprep.com incidental damages,even those damages caused by the negligence of Rentee,together with 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
3400 WEST 131ST STREET Con# 251673
CARMEL IN 46074
Loc 100
SSN PHONE DATE. TIME
W (317)- 733-2001 OUT 12/03/12 2 :05 PM_SAF_ _
F (317) 733-2005
-ID#3 PO/JOB # RECEIVED BY
JEFF STEWART 12/03/12 2: 06 PM SAF
***FINAL*** Page: 1
QTY .ITEM#. .._;:.__—
. . .~.EXT AMT NET AMT
MIN . HOURLY" .OVNITE 8-HOUR r DAY WEEK -, 4 WEEK.
1 00032 MICRO SWITCH W/BRACKET 71821 76,. 97 76. 97 76. 97
zee 1✓.
t;
5 y.
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YDU WILL BE SUBJECTTO A CHARGE OF CONVERSION RH RENT 0.00
Use of alternative fuels,(Biodiesel,'E85,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIBITED.
Customer is liable for all damages&repairs that result from alternative fuel. SALES 76. 97
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTAND THOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY AND OTHER 0.00
THAT RUNYON SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY DW/FEES 0.0 0
OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X Addl TAX 0.00
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE
TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT.I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE SALES TAX 0•00
THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY
EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON SURFACE PREP RENTAL&SUPPLY DEPOSIT 0.00
IMMEDIATELY.RUNYON SURFACE PREP RENTAL&SUPPLY IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL 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 76. 97
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR
EQUIPMENT T;t•:; CELL AMT BILLED 76. 97
LEASED BY X ` •(':: PHONE 03—DEC-12 14 : 06:57
EQUIPMENT
NED
R BY X r: . RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X ',i
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
uniPcs Runvnn RIIrfACP_Pra_n Rantai 9 RIInniv has ffP_Bn nntifiB[f_ We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges drat:t has nod an opportunity to personally Inspect the equipment and finds it suitable for its needs and in good condition,and that Customer unders,ands i;s proper use Cuslomer f ither acknowledges its
duty to inspect the equipment prior to use and notify Runyon Surface Prep Supply LLC(hereinafter"Runyon")of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer egress in assume the risks of,and hold Runyon harmless for,property damage and personal injuries.including death and dismemberment,caused by the equipment andior arising out of Runyon's negligence
Customer shall:nd2mn!ty and defend Runyon against and hold Runyon harmless from ary and all claims,actions,suits,proceedings,costs,expenses.damages and habiaties including arforrey s fees which it',re ate to injury or to oestructior Of
properly,or noddy injury.;:Iress,sickness,disease or death of any person.(Including employees of Customer),and(2)are caused by,or claimed to be caused,in whole at In pa:t,by the equipment eased herein or by fie haoility or conduct(Including
a:t^r;passive;primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them rimy be liable.Customer shall,at its own cost or expense,defend Runyon aga rest all suits or proceedings commenced by anyone
Runyon is a named party fo'which Runyon is alleged to be liable or responsible as a result of or ans:ng out of the equipment,or any alleged act or omission by Runyon,and Customer si,all be liable and respons!b;o`or at costs,excesses
and attorney's fees Incurred ut such defense and/or settlement,judgment or other resolution. In the event that such action is commenced naming Runyon as a part✓,Runyon may elect to defend said action on its own beha:r and Customer agrees
;rat i1 sha„be:!able for all costs,expenses and attorney's fees inr,urred by Runyon!n such defense
4.Rental Charges and Terms. Equipment witrt hour meters is allowed eight(8)hours use within a 24-hour period of time.Rental rates for equipment are cased on usage during th;s eight(8)hour shift. if Customer runs the equipment for over 8
hours in one dav,Customer w.:il 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-dav chance.24 hours running time In 24 hours=a 3-day charge.
5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to air Equipment Customer may rent or purchase from Runyon.,whether 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 CUstorier executes a new Agreement),
6.Prohibited Uses. Use of the equicment•n the following circurstances 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 Is employees,wifhoul Ruryon's wr!tlen permission:(e)Use at any location Other than the address furnished Runyon without Runyon's Witmer.permission.
7.Fuel and Oil Levels.All equ prrent is full of fuel vyhen rented to Customer and must oe returned to Runyon full or additional charges will apply.Also,use of alternative fuels(Biodiesei,E85,etc.)in Runyon equ pmeni is prohib:ed.Customer is
;able for all damages and repairs that iesull from alternative feel Runyon checks the oil level in the equipment when;t is rented to Customer.Mainterance of proper oil+eve!in the equipment is solely the responsibility of Customer.
8.Repossession.Uper a fa:':re to Day rent or other breach of this..ontract,Dearer may terminate this contract and take possession o'and remove the goods from wherever they are,and Dealer and his agents shall riot be!iabfe for any claims
,Or damage or trespass arising our of the removal e`,he goods
9.Tires. C tcr.ier's idt-ally rasp rs.hie for all tire repair. a is Customer's option to check over the tares before the equipment leaves and notify Runyon of any irregularities spotted.
10.Insurance. +myor's nsu,ance doe;not carer equipment while in Customer's possession. Customer is responsible for insuring the equipment once t. eaves-)unyon's property arsd unti:r,has been reiurneC to Runyort's pronerty and
payment has^ran e',.eyed.EOU!P'v1ENT MAY ONLY BE HE TURNED DURING NCRMAL BUSINESS HOURS,ANY EQUIPMiENT LE7 A R'JNYON'S LOCATION O-HER TRA^i NO'IMAL B,;SINRSS HOURS REI:4A:NS THE CUSTOMERS
^ESPONSI5IJ�Y.
11.Cleaning Charges. Eg u:prnent s to be roamed to R,unycn as clean as when it left A citarge of sixty ive dollars(S65.00)per hour will be oharged for,ieamap.
12.Assignments,Subleases and Loans of Equipment.Runvcr may assign Its rights under this Agreement wrliout Customers consent,but will remain bound by ati xHigatio is herein.Customer may rot sublease or loan:he ecuipcem without
Rum;gr s `tr per:aisson.Arty p'r:)ort,�i assigcmert by Customer is void.
13,Time of Return. CcS'o'r:er's right to;,ssass:on terminates or,true exoirafon of the rental period("Due In"date&',line)and retention of possessior after this time ccns[:utes a rnateriai bn,aO,of f*.s Au esnteN.T :r iti,^z the esserre is iF:;
A,•eeme•ti Any mist bti mutually agreed upon it,wntrq.
14.Late Return.';it!e to egd;pm2nt is and stn all,a,at tames nama.,..v ih Runyon.=allure to ietutn the equipment cy the"Due!n"date wiII subje^t Customer to a charge of conversion(t^,eft)
15.Time of Payment.Accounts are due arc]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 reasorao:e attomey's fees.court costs and
rierest of one and one half(1'r,)percent per month addeo to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent. Customer agrees that this agreement is to pe corstrueo Linder tine laws of the State of
;ndana and that it:egai acton is brought to enforce this agr i6ment,,nal Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a rater time.
17.Waiver.Any faaure by either party to enforce any provision of this Agreement shall no'constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18.Damage Waiver.it consideration OI the payment of additional rent Oiassfied as"damage waiver"by Customer,Hunyor agrees to;and hereby does,;waive its right,or any nigh;is might have against Customer,arising`rort norms'damage of the
rental property,normal damage to be der,nnined by Runyon.Customer shall pay upon return a`property tented a sum egdai to 51�or rental ch-urge Ti its"damage waiter'does not include damag-of Toss of the p•operi±,as a rrst,ii of the negligence
of Customer or in true case of abusive damage theft or other gross negiigence of Customer.This damage waiver shall not apply to reckless careless or abusive operation nr use of the e qu!pmert,use or operaton of ice equipment exceeding its
rated capacity,air damage tvires,tubes and,vheels caused by blowout bud ses,cuts,punctures or other causes inherent in the use of the ega:ptrant. 11 s understood the amount pad is not an ins,raece _Ml uric,a rl teat thu p•ovisdr does not
represent an irsurance policy o•an agreement to insure No damage waiver license,sales or use taxes are incidded in Runyons rental rates.They are extra.
19.Damaged,Dirty.or Lost Equipment.Customer agrees to coy for any damage to or toss of the goods regardless o:cause,except reasor.arYe wear ano tear w;nle the goods are o;:t of Runvo:'.'s possession.Equipment loss,stolen or dar^aged
beyond repair'ivill be paid for at its current list pree plus the cost of rental:.lp to the time of reporting*,he loss or their to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Rumors option,cy others,at a
charge of sixty-five dollars(S65.00)per four plus parts.
20.Severability.The provisions of th:s Agreement sha::be severable so that the:nva!!dity.unenforceability or waiver of any of the provisions shell nor affect the remaining provisions.
21,Loading and Unloading Equipment. Customer is responsible for leading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer ag,oes to assume the risk of and hold=unycn andiot its
employees hairless for any property damage or personal injures,including damage aid 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 at pick-up by Rucyor:.
23.Fees,Licenses,Permits,Taxes and Fines, Customer shat be so!e!y responsible for payment of any fees,licenses;permits•taxes or tines,required by or resulting from the Customer's use or operation o`:the equrpmart
24.Charges. Customer shad pay all charges required under:his Agreement upon demand.Customer agrees that mileage and time charges are minimum charges orgy and tnat no refund or reimbursement is due Customer in the event that fewer
days ar,:,Ict miles are actually used.
25.Other Liability,Customer assumes all risks from the Imi roper use of the equipment Customer is responsible for damages to Customers properly or goods in storage or in transit.or for any proper-y!eft air stored:n 1hP e,guipmem,or elsewhere
n the ren5ng;oomion.Customer agrees no'io acid Rurydr liable for damages from down lime,materials or other consequential damages resulting from tine use of the equipment. Cu cmor releases and holds Punyon,ifs agents and employees
narn:iess from aid against any and ad losses,iabihres.damages,injuries.claims;costs and expenses arising out of Customers use or possession of the equipment.Inducing,but not limitod to any and all fines,penalties and ferfetturas imposV,by
any governmental entity,and,to tie extent rot covered by:nsuia•re;any dams or liabilities to third parties arising out or,he 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 a::thon!y because of illegal or:•nproper use.Cdslonter shall additionally hold Runyon harmless for all loss,liability and expense in excess Of the limits of liability provrdec for herein as a
resit of ir(ury,ceath or properly damage arising our of Customers use of the equipmeni. Neither Customer nor any other user of the equipment shall be deemed the agent.servant or emFoyee of Runyon for any rPas,,r or env ouroose. Dur!rg
the lei-of this Agreement,Customer aasur^es`ill responnsibiity,for the eau pment to the public and any regdatory body having jursdicaon.
26.Delivery/Pick Up.Delivery is made to closest coin.;truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is;nvo,ved.Our service:ices rot irciude sat up and knock;in,+,n of tan:es and dlairs.
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 dewed on delivery,oLir miv,tr mi,!st call for authorization If;,me permits,We sr,ili
try to aacomm:,sate you after quoting the nice Or Fick up'where no prior arangemenis have been made and rental items are no',knocked do.vn and assembled in one sheltered area;tab'os and chairs;.'!:be!-,it until t!ne next day when a special
crew can be scheduled There will be air,and fional one day rental.A knock down fee will result if rental items a e still up,
27.Waiver of Jury Trial.Each par:y'..'a,v s its rght to a;ury tilel of any claim or cause of cellos based on or arising out of this agreement or the subject matter hereof'i his waiver pertains!c a;:rasp;tes:ha:may relate io the s:bi:ct matter tercet,
ncluoinc,:v,Ihodt limitation.,ronuact.bit,creacft of g:uty and all other common.law and statutory claims;and will not be subject to any exceptions.Each parry(A)understands that this is a'wa'ver of;r^po-art ie•_a'l!gots and(t31 ack-a.?edges that
he:she,ii has had a reasoraole opportfiiily to discuss tMs waiver and its effects,vith!,.gal counsel..Accordingly,each party knowingly,voluritarly.irrevocably and urcorti itionaliy waives its;uiy fr'a r.rirts.
28.Tickets.Fines and Penalties.You agree to fin!y and promptly pay all fates,penalties,park;ng tickets.traffic tickets,tolls,court costs,attorneys'fees and ofhei chances gasessec during the—;err,In con,ecton writ die.,s-,as cing.s'crage,anti
cssessi:;ri of Eric•Eci:rpmert regardless cf',he identity of the drn:er of any vci-icle Yoe rent from Us
29.Traiiers and Towing.—he customer Is iespdns:bie to insoecring and maintaining tie trailer coupling mechanism,safely chairs,all tie downs.pins and rights it a safe anti secure cori&:-on wtule in their possessor.C:!slomer agrees•rot,.tun:
tra:e-rentaJ:nor,'LESSOR:DEA!--R rat in a caro!?ss or nergbrent manner.;b)at;rcYss,ve spaart or(r)vvniie under the inflderice of coed Calton.alcohol.or elicit ding.
30.Headings, Yi e Feacngs used r!ere; ate solely for corven!ent tetererce and;hall no°be use;3lo construe or aftect t:?a interpretation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales ale aiso governed by the parries Egt;:pmerlt Purchase Agreement. If the Equipment Purchase and the Terms and Conditions pre'rously enumerated are inconsistent,then the terms from,tic Equipment Purchase Agreement preval,
AS-IS—NO WARRANTY:"HE WARRANTY IS—HE SOLE AND EXCLjSIVE V:'ARRANTY APPLICABLE TO THE EQUIPMENT AND.ALL OTHER EXPRESS OR Ii.PLIED WARRANTIES,!NCLUD!NG,WIiHOUT DMATA:iON,THE:MPLIED
.WARRANTIES OF MERCHANTABILI T'✓AND F TNESS FOR A PAR'!CULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON SURFACE PREP SUPPLY'-t C OR AFFILIATED COMPANIES'WiLL NOT 3E
_TABLE OR RESPONSIBLE FORA"J'>'SPECIAL,INCIDENTAL OR CONSEQUENT:AL DAP,`AGES ARIS;NG O l Ot OH RE ATED TOTHE SAL E QFTNIS EQ JIPA1Ff,7T0 CUSTO YtEH,HEGAOLESS OFVJkETHEfI SUCr DAY.-AGES ARISE
UNDER THEOP:ES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is Itabie`or all shipping costs when returning or exchanging an item to Runyon,unless the product has bean damaged during shippw,g.This policy also applies to warranty returns.As
stated:n the Runvor-Return Policy."when customers return an itern or items for credit,a 25° restockirg lee will be charged to your account plus all applicable inbound add outbound freigriLThis policy also applies to shipments refused and rel erred.
All cancellations of',vhole goons are subject to a 25 (of total invoices order)cancellation fee on in stock items tram Runyon locations ONLY Return shipping of the product is not refundable.All parts purchases are non refundable.Any shipment
ace ved in conditions other that brand new will be charged 501.o restocking fee of the;Dial amount All returns must be properly boxed before they are retumedd.It's the customer's responsibility to report any damages/shortages within 48 hours
of receiving the peduci.Runyon will not accept claims 48 hou<s after delivery,Runycn will not accept returns without artnorizatioc Upon ssuing a Meichandise Return Authorization(MRA),Runyon,will instruct customers as to the bes,mrans of
returning merchandise Runyon's MRAs are valid for 30 days after issuance.MRAs are not valid after tie 30 day lirne limit expires.Runyon'hill absolutely not,under any circumstances,issue an MRA for returns on useo or damaged products Any
freight related ddinage must be rated on t e signed Bil!of Lading AT HE TIME OF DELIVEPYThe purchase price,at ante of sale is`inal,
REPRESENTATIONS AND WARRANTIES:Seiner represents anu'wairanls that(a)Se!ier has all necessary right,pourer and authority to erte,into and perform the transactions referenced rereir (b)Seiner ties good and marketaole title to the
Ectj:prtieri;ano(i`or the Transfer Date.Seller will convey the sarne to Buyer(save only for the ourcriase money hen it any to be retained by Seller snouid Seller,at its so e obtlor,elect to f!r.a:ice all or any pertwr of the P:irchase?rice).Buyer
represents and w'airants that:(ii Buyer has all necessary right.pcwer and adthonty to enter intd and perform the transactions referenced heren:(II)Buyer has selected and carefully:ospecled and examintlid:he Eg!:iprr`eit and found;he same to be
acceptable to Buyef in a'!respects based art criteria established so;eiy by Buyer and not based On any fecommendatren by Seller;and fit)R.uver has received.carefully reviewed ano is satisfied with all ava:labte tra!r:rg Iristructons.operating anv;
nicer manuas,ano other information:.(inciading aIi training required under applicable OSHA and or ANS:Standards,if shy)regarding the proper and sate transportation,use,n-airtera tics reo it and storage of the Equipment.
In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
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
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
Y
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reeldess,careless or abusive operation or use
SURFACE PREP RENTAL 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
CARMEL•fI5HER5•INDIANAP01-15 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 wilh 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)pew t
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 •Sunday 9:00 am -3:00 pm
RENTED TO JOB;LOCPTION", i 'TICKET #,
CARMEL STREET DEPARTMENT # 503 PATCH
3400 WEST 131ST _STREET Con# 252008
A
k!,17_T
Loc 100
SSN PHONE DATE TIME.
W (317) 733-2001 OUT 12/07/12 8: 56 AM WH
F (317) 733-2005
ID#3-. PO/JOB•.,# RECEIVED' BY
PATCH TIM 12/07/12 8 :57 AM WH
***FINAL*** Page: 1
:QTY---ITEM#" EXT AMT NET' AMT.
s
.'- MIN HOURLY�-%"OVNITE, 8-HOUR DAY °"WEEK 4 WEEK
1 103 PROPANE 60 POUND REFILL 38 . 90 38 . 90 38. 90
A
4.
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE,YOU WILL BE SUBJECTTO A CHARGE OFCONVERSION(TH — RENT .0 0
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 38 . 90
1 HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTANDTHOSE INSTRUCTIONS.I ALSO UNDERSTANDTHATIAMTHE PERSON RENTINGTHISPROPERTYAND OTHER 0.00
THAT RUNYON SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTYTO ANY DW/FEES 0.0 0
OTHER PERSON. I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TQTHE EPSON FOR ANY REASON
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X r S Addl TAX 0.00
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RE HE ARTICLE MED ON THE
ATION
TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT.I HAVE READ THE ABOVE INFORM AN KNOWLEDGE 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 38. 90
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT Aga CELL AMT BILLED 38. 90
LEASED BY X I l PHONE
07-DEC-12 08:57 :51
EQUIPMENT
RETURNED BY X ;;g "i7 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
unless Runvon Surface Preo Rental&SUDDIV has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges trial it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition„and that Customer uncle:s:an-s its proper use.Customer further acknowledges its
duty to aspect the equipment prior to use and nctrfy Runyon Surface Prep Supply LLC (horeinafter"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 tc assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment.caused by the equipmen:and/or arising out of Runyon-,negligence
Cus cmer shall ndemnify,and dotard Runyon against and hold rlunyon harm ass front any and all claims,actions suits,proceedings,costs,expenses,damages and'au:!t!es including attorneys fees which(t.}re!ata to injury cr ro destruction Of
prepc-ty,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 ir,part,by the equipment Ieasod herein or by the liahil y or conduct(including
r_,se,uass:vd,pr:°ary 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 exnenso,defend Runyon against all suits or proceodirgs commenced by anyone
vh sir quny'n ii j f:cried party fo,which Runyon,is alleged to be rab e or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shad be liable and responsible for ail costs,expenses
and a±^,rnev s e.s rI:cvrec in such deferse and/or settlement,judgment or other resolution. In the evens that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its cwt.bet fait and Customer agrees
ha::shad Do'iab!c t:r all costs,expenses and attorneys fees incurred by Runyon in such defense.
4.Rental Charges and Terms. Equipm,3m with hour meters!s allowed eight(Sj hours use within a 24-hour period of time. Rentz:rates for equipment are based on usage during this eight(8)hour shift. ff Customer runs the equipment for over 8
i"outs In ore dav,Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours rtinr:ng time. 16 hours running time in 24 hours-a 2-day charge.24 hours cunning time;r:.24 hours=a 3-day charge.
5.Future Rentals.Customer acknowlegcos 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 tnis Agreement or at any time in;he future(except only
as to any Equipment andio,other items with respect to which Customer executes a new Agreement).
6.Prohibited Uses. Use of the equipment in the!o!low:rg circumstances is prohibited and corst tubes 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,un nterded use or misuse;(d)Use by anyoris other than Customer or its employees.without Runyon s written permission;;e)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels.Ai'equipment:s full of fuel when rented to Customer and must be eturned to Runyon ful!or additional charges will apply.Also,use of alternative fuels(B cliesal.E85,etc.)in Runyon equipmenl is prch!bCod.Customer is
liable fcr ail darnages and repairs that result from a ternative foe! Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper cis revel:n the equipmen:is solely the responsibility of Customer.
8.Repossession,uporr,a raliure to pay rent or ether breach of tills contract,Dealer may terminate this contract and take possession of and remove the goods from wherever:hey are.and Dealer and his agents shah not be!:able for any claim....
tot damage cr trespass arising out of the icr ova!of the goods.
9.Tires. Customer s cctally responsible for all lire repair.its Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10.Insurance. >idrnon's -surence toes co',cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and ant!it n,as been returned to Rur,or,;p:o erly an:
pa,mett nas boa 'eceived.EQUIPMENT MA ONLY BE RETURNED DURING NORMAL BUSINESS HOURS ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN tIORMAL BuS'NESS HOURS REMAINS-HE CUSTQf:1F.R8
gcSPONSI61L!'•".
i1.Cleaning Charges. Equp:mer;is To be returned to Runyon as clean as when it Ieff.A charge of sixty-five dollars(565.00)per hour w:ll be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon gray assign its rights under Nis Agreement without Customer's consent,hat will remain bo,;nd by air bbligat ors herein.CJs':inlet may not sublease or no eau!pmem.v:t`o-it
Runeor; :net perrisllcm,Ary pt.rpored assignment by Customer is void.
13.Time of Return. Customers rght to pxsess:on terminates pn tie expiration of the rerra,period("Due In"date&time)and retention of possession alter this!erne constitutes a rra!eral b: ac!:of th s Agreement Twits Is OUT the essence In t!Js
Agree-:eat.Any exten,ibn must be mutually agreed upon in writing.
14.Late Return.Title to equipment is and shall at all times remain with Runyon. Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(theft).
15.Time of Payment.Accounts are due and payable at the Termination of the rental period.
16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorneys lees,court cosy and
interest of one and one half 0?-z)percent der month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of
naiara and that legal acl,oi is brought to enforce this agreement.that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17.Waiver. Any failure by either party to enforce acy,provision of this.Agreement shall not constitute a waiver of such provision or prejudice the right of ether party to enforce such provision lhereattc-
18.Damage Waiver.Iii confkderation of Inc payment of additional rent classified as`darTlage waiver"by Customer,Runyon agrees to,and hereby does,warve its right,or any right it might have against Customer,arising from rormal damage of the
rental property,normal damage to be detennimcd by Runyon.Customer shall pay upon return of property rented a sum equal to 5`.i of rental enarge.This"damage waiver"does not rclude damage or:oss of the property as a result of the negligence
of Customer or in the case of abusive cartage.:hall or other gross negligence of Customer.This damage waiver shall rot apply to reckless careless or abusive operation or use of the equipment,use or Operation of tie equipmer.:exceeding its
rated capacity or damage to tires,tubes and wneels caused by blowout,cruises,cuts,punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not air insurance premlur^,and Thai this provision does rot
epresc-rc an insurance policy or air agreement tn'nsuie.No damage waiver license,sales or use taxes are included in Runyons 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 tea,while the goods are out of Runyon s possession.Equipment lost,stolen or damaged
beyond repa r,ail:be paid for at its current list price plus tna 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(S65 CD)per flour plus parts.
20.Severability.The provisions of this Agreement shall be severable so trial the ira:idity,unenforceability or waiver of any of ire provisions shall not affect the remaining provisions.
21,Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyor's employees assist in loading or unloading The equipment,Customer agrees to assume the risk of and hold Runyon and?or its
ertp:neees,arrriess for any property damage or personal njunes,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage. Runyon is not responSU7e 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 lie solely rospcisible for payment of any fees licenses,permits,taxes or fines.required by or resulting from the Customer's;rse or operation of the equipment.
24.Charges. Customer shall pay all changes requires under Vus 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
dos an7br miles are actually used.
25.Other Liability.Customer assumes all risks from the improper use of the equipment Custornor is responsible for damages to Customers property or goods in storage or in transit,of for any property left or stored:r the equipmen;,or elsewhere
�^trio rentr.:g local on.Customer agrees not to hold Runyon Gao'e'or damages from down time,materials or other consequential damages resulting from the use of the equipment Customer releases and holds Runyon,its agenis and employees
..or,—,less!Tom^rid aga:rst any and all losses,liabilities.damages inlunes,claims,costs and expenses arising out of Customer's use or possession of the equipment.including.out not limited to ary and all fines,penalties and forfeitures imposed by
any goverlmemal 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 CoOiscailon of fee equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all lose,liability and expense in excess of the limits of liability provided for herein as a
resuil of injury Beath or property damage arising out of Customer's use of the equipment. Neither Cus Omer nor any other user of the equipment shall be deemed the agent servant or employee of Runyon for any reason or any purpose. Dunrg
cha term of this Agreement,Customer assurnes lull responsibility for the equipment to the puNhc and any regulatory body having jurisdiction.
26.Delivery/Pick Up.!Delivery is ma de°n dosast point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra titre is involved.Our service does net inci:ide set up and knock down of tables and chairs.
If:his 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 diver must call for authcrzaron.If time permits,we will
try to accommroate you after quoting the price Or pick up where no prior arrangements have been made and rental gems are not knocked down and assembled in one sheltered area,taxies and chairs.till ov.:ef,,until 1"e next day when a special.
crew an be a,heoli led,There will be or ade!fional one day rental.A knock down fee will result if rental items are still up.
27.Waiver of JuryTrial.Each party via ves:is right to a fury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to a!I disp::fes that may•iafo to the subject mater hereof,
i:eluding,,%,thou itmitaiiori contract,tor!,breaca of duty,and all other common law and statutory claims,and will net be subject to any exceptions Each party(A)understands ttal this is a waiver of:important fecal rights,a^d IS)ackcow edges trat
5rshaI°has had a reasonable cpporiurit to discuss T s waiver and its elects with legal counsel.Accordingly,each party Knowingly,voluntarily,irrevocably and unconditonaily waives its;fay trial nails.
28.T:ckets,Fates and penalties.You agvee to fully and promptly Day all fines,penalties,parking tickets,Traffic tickets,tolls,court costs,atorneys'fees and other charges assessed during the'errn in connection with The use,park:rig.st�lage,and/
possession of tc.;E;uiprrreni.regardless of the identity of the diver of any vehicle You rent from Us.
29.—trailers and Towing.Tne custo^ter:s responsible for inspociing and maintaining the trailer coupling mechanism,safety chains,all lie downs,pins and hgnts in a safe and secure condition while n their possession.Customer-agrees::et I,tort
any aa'e!tented tiom'IESSORIDEALER(a)in a careless or negligent manner,(b)at excessive speed or,c)while under the influence of medication.alcohol.or dli:at drugs
30.Headings.The headings used herein are solely for convenient reference and shall nor be used to construe or affect the Interpretation of this Agreement
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties'E;;upnlem Purcf ase Agieoment.If Iris Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent.;her,.the terms 9oc'r the Equipment Purchase A,,reement preva'
AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,iNCLUD NG,WITHOUT LIMITATION,THE IMPLIED
WADRANt1ES OF MIERCHANT.ABILirY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON SURFACE PREP SUPPLY L_C OR AFFILIATED COMPANIES WILL NOT BE
_LAELE CR RESPONSIBLE FOR ANY SPFCiA_,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELAT EDTOTHE SALE OFTHIS EQUIPN!ENTTO CUSTOMER REGARDLESS OF WHETHER SUCH DAMAGES ARISE
:;NDER�HEOR ES OF THE!AW OF CONTRACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for a:shipping costs+.,her ieturrirg or exchanging an item to Rumor.,unless the product has been damaged during sNponci,Tris poGcv also ar')les to,,rarranty returns,As
stated In the}runyon"Return Pcbcy"whet"customers return an ite-or items for credit,a 25`b restocking tee will be charged to your accouni,plus all applicao;e inbound and outbound freight.This poll cy also applies to shipments refused and returred.
All cancelations cf,mole goods are sualPct:c a 25°0(of total nvorced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is rot refundable.Ali parts purchases are non refundable,Any snipment
eceived^1 curiddrons other Thar.'brand new will be charged 50%restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the customers responsibility to report any darnages'shonages within d8 hours
of receiving the crgduct.Runyon'wvill not accept claims 49 Tours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will!list uct customers as 10 the best means of
raturr, nu merchandse.Runyo,)s MRA's are valid for 30 days after issuance,PaRAs are not valid after the 30 day tiro limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any
ire ght relate;damage must be noted ar no signed B:II of Lading AT THE T ME OF DECVERY.Ti-:e purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Sealer represents and warrants that:(a)Se9ei has all necessary right.power and authority to enter into and perform the transactions referenced herein:(b)Seller has gcOd and maritetab,e title to The
Equipment:an,,(c)on the Trarsfer Date,Selzer will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seller,at its sole option,elect to finance all or ary portion of!ne Pu chase Price).Buyer
represent and warraris that:It Buyer has all necessary right,power and authority to ether into and perform the transactions referenced herein;(i)Buyer has selected and carefully inspected and examined the Ecluipriier,and found the same to be
acceptable to Buyer in all respects based on criteria estaoi,sheo solely by Buyer and not based on any recommendation by Seller;and(ih)Buyer has received,carefully reviewed and is satisfied ivi;h,all available training,instructions,operating and
user manuars,dnd ofhor;nformaJon(including a!!training required under applicable OSHA and;or ANSI Standards,if any)regarding the proper and safe transportat!or,use,maintenance,repair and storage of:he Equipment.
In consideration of the payment of additional rent classified as"damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
R u N ®� 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
SuRFPGE PREY RENTAL 6 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
LARMEL•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(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a toot-Rent One" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonsurfaceprep.com incidental damages,even those damages caused by the negligence of Rentee,together with 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# 252965
CARMEL IN 46074
Loc 100
SSN': PHONE: - DATE ,. TIME .
W (317) 733-2001 OUT 12/19/12 9: 38 AM WH
F (317) 733-2005
ID#3-' P.O/_.JOR, :: : -' ;:;;' RECEIVED BY
SHOP TOWNSEND, SCOTT 12/19/12 9: 40 AM WH
***FINAL*** Page: 1
QTY"' ITEM# -NET: AMT
EXT AMT
MIN HOURLY.',,OVNITE 8-HOUR DAY —WEEK, . 4 WEEK
1 072874406745 GLOVE LEATHER UNLINE 4067L ; {"8 . 99 8 . 99 8 . 99
1 072874407056 GLOVE LEATHER UNLINE 4070) ;:.. }:11. 99 11 . 99 11. 99
1 848013045591 SAFETY LANYARD ELAST. 8256Ee %x48 .00 48 . 00 48 . 00
Z
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE N'DATE YOUWILL BE SUBJECT70 A CHARGE OF CONVERSION Ti E
RENT 0.00
Use of alternative fuels,(Biodiesel,EB5,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIBITED,
Customer is liable for all damages&repairs that result from alternative fuel. SALES 68. 98
1 HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTAND THOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY AND OTHER 0.00
THAT RUNYON SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY DW/FEES 0.0 0
OTHER PERSON. I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X Addl TAX 0.00
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE
TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT.I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE SALES TAX 0.00
THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY
EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON SURFACE PREP RENTAL&SUPPLY DEPOSIT 0.00
IMMEDIATELY.RUNYON SURFACE PREP RENTAL&SUPPLY IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES,ANDIOR 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 68. 98
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT;,+ CELL AMT BILLED 68 . 98
LEASED BY X PHONE
19-DEC-12 09: 40 :46
EQUIPMENT
NED
R BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FORTIME OUT NOTTIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
unless Runvon Surface Pren Rental&Suonly has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1,Inspection.Customer acknowledges that it has had ail 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 nspect the equipment prior to use and notify Runyon Surface Prep Supply LLC (hereinafter"Runyon')of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT
IT IS FREE FROM DEFECTS.
3,Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment.caused by the equipment and/or arisirg out of Runyon's negligence
Customer shall rdemnify and defend Runyon agains:and hold Runyon harmless from any and all claims,actions,suits,proceedings.costs,expenses damages and liabilities including attomets fees which(t)relate to injury or to destruction,;f
prcpetty,or bodily injury,:'Iness,sickness,disease or death of ary person(including employees of Customer),and(2)are caused by.or claimed to be caused,in whole or in part,by the equipment leased berein or by the uab^ity or conduct iincuu6ng
active,passive,pr mart'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
it wh 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 omission by Runyon.and Customer shat ba!,able and responsible for all costs,expenses
and atiomev s fries incurred in such defense andror settlement,juagment 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
the:ri shat!be`able for all costs,expenses and attorneys fees incurred by Runyon!n such defense.
4•Rental Charges and Terms.Equipmenr!with hour meters ss allowed e:gnt(8;hours use within a 24-hour period of<ime. Rental rates for equipment are based on usage during this eight(8)hour shift. If Customer runs the equipment for ove!8
hours in one day,Customer will be charged for extra hours on equipment.One day is 24 hoturs or eight(8)hours running lime 16 hours running time In 24 hours=a 2-day charge.24 hours running time it 24 hours=a 3-day rnarge
5.Future Rentals.Customer acknowledges fl-at the terns of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon..w hether on the date of this Agreement or at any time Irf the future(except only
as to any Equipment andror other items with respect to which Customer executes a new Agreement).
6.Prohibited Uses. Use of the egmpme:it in the following circumstances is prohibited and constifutes a breach or this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipments in bad repairer is unsafe:;c)
Improper uninte rdad use or misuse;(d)Use by anyone other ihar.Customer or its employees,without Runyon's written permission;(e)Use at any location other than the address furnished Runyon without Rugyon's written permission.
7.Fuel and Oil Levels.AI: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(Brodiesel.E85,etc.)in Runyon equipment:s prohbited.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.anon a faAlre 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 sha!I not be liable for any claims
for damage cr trespass arising cut of the rer,,oval of the goods.
9.Tires. Customer s totally responsible tot all tire repair. It is Customer's option to cheCK over the tires before the equipment leaves and notify Runyon of any irregularities spotted
10.Insurance. %riyen's insurance noes not cover equipment whija in Customer's possession. Customer is responsible for insuring the equipment once it leaves Rugyon's properly and_rltsi it etas been retumed to Ruryors property and
payment has Leen oceived.ECUIPMENT MA'f ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER T FAN NORPwt.B_BUS:NESS HO::RS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11.Cleaning Charges, Eou'pr:eri s to br;rerurneo to Runyon as clean as when it left. A charge of sixty-five dollars($65.00)per hour will be charged for cleanup
12.Assignments,Subleases and Loans of Equipment.Puryon may assign its rights under tnis Agreement without Customer's consent,but will remain bound by all nhligat:ons herein.Gust0mcf-may not sublease r,Ina^.:he egtnpmen'w:itho.it
=.unycr' riitrer pP•mis on Acy putporeo assignment by Customer is aoid.
13,Time of Return. Custon e's right to possession terminates on the expiration of the rental period('Due in"date 3 time)and retention of possession after this ante constitutes a Tatenal hreaon of this Agreement.Tape is of the esserce c,this
Avree-r•nt.Airy extensionn must be mutaily agreed upon in writing.
14.Late Return.Title to equpment is and she!;at all times remain with Runyon.. Failure to return the equipment by the"Due In"dale will subject Customer to a charge of conversion(theft).
15.Time of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon.May collect damages together with reasonable attorney's fees,court costs and
I,terest of one and one halt(i 1,z)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen it 8)percent. Customer agrees that this agreement is to be construed under the laws of the State of
nciana and that i1 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 f;me
17.Waiver.Any failure by eitner party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of eilher party to enforce such provision thereafter.
18.Damage Waiver.Ir gonsideration of the payment of additional rant classified as`damage 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,normal damage to be determined by Runyon.Custorner shall pay upon return of property reined 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 r?gligence
of Custorner or in the case of abusive damage. he 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
atad capac"m or damage to tires,iuhes and wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment. Its understood the amount paid is not an insurance premium,And that this provision does not
represent art insurance policy or ac agreement to insure No damage waiver license,sales or use taxes are included in Runyori 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 Runvons possession:.Equipment lost,stolen or damaged
beyond repair w.ii be paic 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 bowie by Customer,whether performed by Runyon.,or,at Runyon's option:,ov others.at a
charge of sixty-five dollars($65.00)per Lour plus parts.
20.Severability.The provisions of this Agreement shall be severable so that Me invalidity,unenforceability or waiver of any of file provisions slat not affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible for leading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume file risk of and hold Runyon ardror 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 ary damage whaisoevei as a result of on-the-job deliveries or pick-up by Runyon.
23.Fees,Licenses,Permits.Taxes and Fines, Cas'omer 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 shaft pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refuno or reimbursement is due Customer in the event that fewer
days and:or mi.es are actually used.
25.Other Liability.Customer assumes all falls from the improper use of the equipment,.Customer is responsible for aamages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment or elsewhere
:r.the renting iocai 0d.Customer agree";not to hold Runvon 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 aga rust any and a!I losses,liabilities,damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment.Inducing,but not,imited to ary and a!fines,penalties and forfeitures imposed by
any gcven menta:entity.arid,to the extent not covered by insurance,any cea'ms or liabilities to third parties arising out of the abandonment,conversion.concealment or unauthorized sale of the equipment by Customer,pi_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.he!:mits of liability,provided for here.,)as a
-es!t of injury,death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon for 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.DeliverylPick 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 tip and knock down of tables and chairs.
If:his service is required,arrangements should be made several days prior to delrwery;vitb a special charge quoted.If no arrangements are made and this service is dewed on delivery,our driver must call for author zaton.If time permits,we will
try to accommodate you after quoting the price.Or Fick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area.tables and chairs will be left until the next day when a special
crew can be scheduled.There will be,an additional one day rental.A knock down fee will result if rental items are still up.
27.Waiver of Jury Trial.Each party waives its rig It to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to a1 disputes that may relate m,'he sub ect matter hereof
Including.without!imitation,contract,tort,breach of euty.and all other .conlmoc law and statutory claims,and wilt not be subject to any exceptions.Each party(A)understands that this is a,waiver of important legal rioNs and(5)acknowledges that
heale'a has had a reasonable opportuily to discuss this waiver and its effects with legal counsel.Accordingly,each party Knowingly,voluntarily,irrevocably and unconditionally waives its iury trial rights.
28.Tickets,Fines and Penalties.You agree to fully and promptly pay a!i fires;penalties,parking tickets,traffic tickets.tolls court costs,attorneys'fees and other charges assessed during the—term,)n connection v:iih me use,park ng ;:drag?,and-
or.ossess:on cr the cquipn}ert,regardless of the Identity pf the driver of any vehicle You rent from Us
29.Trailers and Towing.The oustome::s responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights it a sate and secure condition,while:n their possession Customer caress sot f:;tow
any ira,er re^led from L ESSOR:DEALER(a)in a careless or negligent manner,(b)ai excessive speed or(c)while under the influence of medication,alcohol.or illicit drugs
30.Headings.-he head,ggs used herein are solely for convenient re'erence and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIOALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties'Equ pment Purchase Agreement.If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent then the torms 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=;TNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON SURFACE PREP SUPPLY Li_C OR AFFIL'ATED COMPANIES WILL NOT BE
_I.AB_E OR RESPONSIBLE FOR ANY SPECIAL,'NCIDENTAL OH CONSEQUENTIAL.DAMAGES ARISING OUT OF OR RELATED 10 THE SALE OF THIS EQ;IPMFNTTO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UhJtiER'"HEORiES OFTHE_AW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is iiable for a;!snipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during Shipp ng.This polcy also applies tc warranty returns.As
stated ar the R rayon"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%fof total Irvoiced orcer)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.All parts purchases aria non refundable.Any shipment
received In coriditens other than brand new will be charged 50`�restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's responsibility to report any darnages/shdrtaces within 48 hours
of receiving the produc'.Runyon will not accept claims 48 nouis after delivery.Runvon will riot accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct cusio-ors as io the best means of
•etas,trig merchandise.Rufnyon's Pr".RAS are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not;under any circumstances,issue an MRA for returns on usec or damaged products.Any
freight related d3mace must be noted or the signed Bit of Lading AT THE T1,AE OF DELIVERYTbe purchase price at time of sale is`trial.
REPRESENTATIONS AND WARRANTIES:Se'!er represents all:warrants that:(a)Seiler has all necessary right,power and authority to enter into and perform the iransactiors referenced beenn(b)Sealer has good and marketable titie to the
Equipment and fci on the Trarsfer Data,Belie,will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Sesser,at its sole option.elect to finance all or any portion et the Purchase Price).Buyer
-spreser.is and warrants that.(ii Buyer has all necessary right,power and authority to ente,into and perform the transactions referenced herein;;,ri)Buyer has selected and Carefully inspected and examined the Equrprnent and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(ia)Buyer has received,Carefully reviewed and Is satisfied with,all available training,Instructions,operating anc
use*manuals,anti other information(including a'training required under appocable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,us?,maintenance.repair and storacs of he 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
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
A-A property rented a sum equal to 5%of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reddess,careless or abusive operation or use
t UKFAGE PREY RENTAL$SUPPLY of the Equipment,use or operation of the Equipment exceeding its rated capadry,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W,Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,9 a total loss,will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
CARMEL•17151rIER5•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 — 5566 — 8888 The parties agree that in the Bent the Rentee violates any of the temis and conditions of this agreement,the Renter may ootied damages togetlier with reasonable attorney
fees,court costs and interest of one and one halt(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a toot-Rent One" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonsurfaceprep.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm
RENTED TO >JOB LOCATION'. , TICKET #,:
CARMEL STREET DEPARTMENT # 503
�I WEST 131ST STREET Con# 252020
CARMEL IN 46074
Loc 100
SSN PHONE DATE,
TIME
W (317) 733-2001 OUT 12/07/12 10: 30 AM SAF
F (317) 733-2005
ID#3 PO/JOB #" RECEIVED'BY
TOWNS, ADAM 12/07/12 10:31 AM SAF
***FINAL*** Page: 1
QTY ITEM# EXT AMT. . NET, AMT
MIN HOURLY v"OVNITE 8-HOUR DAY WEEK,, 4s WEEK
1 101 PROPANE 30 POUND REFILL ',,2'0. 90 20 . 90 20. 90
1'Z t"� ..v9 4•
A t J9
l
IFTHE EOUIPMENT IS NOT RETURNED BY"DUE IN"DATE,YOU WILL BE SUBJECrM A CHARGE OF CONVERSION(TH RENT 0.00
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIBITED
Customer is liable for all damages&repairs that result from alternative fuel. SALES 20. 90
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 MANY 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
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 20. 90
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT e CELL AMT BILLED 20. 90
LEASED BY X '' g i i`Af,,A;' PHONE
07-DEC-12 10 :31: 58
EQUIPMENT C�;
RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FORTIME OUT NOTTIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES,h'UEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions "
unless Runvon Surface PraD Rental&Suooly has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges the;rT has had a oppertundy to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands ills proper use.Custemoi further acknowledges its
duty To:aspect the equipmen:prior to use and nct'.ty Rurn,on 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,ORTHAT
IT IS FREE FROM DEFECTS,
3.Indemnification. Cr.sfomnie agrees;o assume the risks of and hold Runyon harmless far,property damage and personal injuries,including death and dismemberment caused by the equipmen:andrer arising out of Runyons negligence
Cmi:cmer star roan"Jy,and dafs d R,mvoi against ano hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorrey's fees wlbicfr(1)relate to injury or to destruction of
prope,t:,of bod v injur;,:tines,.sidkgoss,disease or death of any person including employees of Customer),and(2)are caused by.or claimed to be caused,in whole of in Dart,by the equipment leased herein or by the liability or conduct(including
act ve,pass,vc,.I-rr,:a•y or secondar;;o'Custotier,its agents or employees,or anyone for whose acts any of them may be I!aoie.Customer shall,at its own cost or expense,defend Runyon agar ist all suits or proceedings commenced by anyone
in which Runyon is a ramild pity to which Runyon is alleged to be-abe or responsible as a result of or arising cut of the equipment,or any a1eged act or omission by Runyon.and Customer shat be;:able and responsible for all casts,expenses
and attorneys fees incurred in such core se ano or Settremert judgrnant or other resolution In the event that such action is commenced naming Ruryor as a party.Runyon may elect to defend sad action on its own behalf and Customer agrees
;hat r;shall be::able for all costs.expenses ang attorney s fees incurred by Runyon in such defense.
4.Rental Charges and Terms. Equipment grit"hoar meters.s akc.ved eight(d)hours use within a 24-hour period of lime. Rental rates fur equipment are based on usage during this eight(8)hour shift. If Cu omen runs the equipment for over 8
hour,in one day.Customer will oe charged for extra hours on cu One day its 24 hours or eight(8)hours running time 16 hours running time In 24 hours==a 2-day criarge.24 hours running time in 24 hours=a 3-lay charge.
5,Future Rentals.Customer acknowledges that the ter me di ti-' 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 it The f!•ture(except only
as to any Equipment and/or other items with respect to which Custo-er executes a new Agreement).
6.Prohibited Uses. Use of the equipment!r the`:eiiow:ng circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an i!:egal mannor;(b)Use when the equipment is in bad repair or its unsafe,;c'
mproper,unintended use or misuse;(d)Use by anyone other:ha,Customer or its employees.without Runyon's written pert„rssion;(e)Use at any location other than the address furnished Runyon without Runyon's written:permission.
7.Fuel and Oil Levels.Ai;equipmert:s full of foe:when rented to Custor??er and must be returned to Runyon full or additional charges will acpiy Also.use of alternative fuel,(Biodiesel.E85,etc.)in Runyon equipment is orchibred.Customer is
''able fur all damages and repairs trial result lrom alternative fug:. Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper oil level:n the equipmert is solely the raspansrbrltty of Customer.
6,Repossession.'Upon a fa"r'ure to pay rent r other Dreach of this contract,Dealer may terminate this cortia ct and take possession of ano remove the deeds from wherever they are,and Dealer and his agents shall not be,:able fo any cia:r:s
*or damage or Yespass arising cut of the!emoval of the goods,
9.Tires. Customer s totally res.9onsibie-for all tire repair. It is Customer's option to check over the fires before the equipment leaves and notify Runyon of any inegulaatas spotted.
10,Insurance. �iny".n's rsurai e Does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it!eaves Runyon's property and until it has been returned to Rurvvc's property and
pay^ant^as t, n ace:ved.EQU:FMEN' MAY ONLv BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON S LOCATION OTHER THAN NORMA_BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBIL:I Y.
11.Cleaning Charges. Ea:,:prrrent!s to be returned to Runyon as clear as when it left.A charge of sixty-five dollars($65.00)oar hour w:ll be charged for cleanup.
12,Assignments,Subleases and Loans of Equipment.R,mynn nrry assign its rights under tnis Agreement without Customer's consent,out will remain bound by all obligations hereir.Customer may rot sublease c•Insn:he ecufpmen:;without
2i'.;nyon';::niter permt,s an .Ary c.urpn,P,d assignmert by Customer is void.
13.Time of Return. Ci.storner's,�g::t to pos;ess:on terminates on the expiration of the rental pence("Due:n"date S Time)and retention of possession after this time constitutes a rmatenai b•eacn of this Agreement Tine is o'the essence in,his
Acres*lent.Arty extension must be rnutUa!:y agreed upon!r,writing.
14.Late Return.Title to an is and shah:at all times remain:with Runyon.Failure to return the equipment by the"Due In”date will subject Customer to a charge of conversion;theft),
15.Time of Payment.Accounts are due and payable at the termination of the rental period.
16,Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorneys fees,court costs aria
interest of one and ore left(1?•z)pricem 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 undef tr:e laws of the state of
Indiana and inat Illegal 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 firne
17.Waiver..Ann failure by either early to ecfor;e any provisor of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision!hereafter.
18.Damage Waiver.lo oo lstdz:etror of rte pay.n eat of adcit onai rant classified as"damage waiver`by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the
rental property,normal damage to be detem mined by Runyor Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage warder'does not include damage or;oss 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 cperatior of the equipment exceeding its
rated capacity or damace,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:nsuie No damage waiver license,sales of 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 repay rr+:be paid for at its current list price piss the cost ?yenta!up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed py Runyon,dr,at Radyon's op?ter,Dy others,at a
charge of sixty-five dollars(S65.00;per hour plus parts
20.Severability.Tfie provisions of this Agreement shah oe severable so that the invalidity,unenforceability or waiver of any of the provisions sisall not affect the remaining provisions.
21,Loading and Unloading Equipment, Customer is°asponsibla for leading and unloading equipment, If Runyon's employees assist in loading or unloading the equipment,C:,s:orner agrees to assume the risk of and held Runyon and/or its
n p:oyees l:dr1!ess fur any property danage pr parsdnal'n;unos,including damage and personal icju ies attributable tome negligence df Runyon.
22.Property Damage, Punyon is not respcnsio:e for an.,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 o`:any fees.licenses,permits,taxes or fines,required by or resulting trout the CusTemsf's rise or operation of fhe equipment.
24.Charges-CJstnmar shall pay all chaigas raquirec under INS Agreement upon demand Customer agrees that mileage and time charges are minimum charges only add that no refund an reimbursement is duo Customer to the event that fewer
days axfror arses are actually used.
25,Other Liability.Customer assumes ail risks from the improper use of the equipment.Customer is responsible for Jarnages to Customer's property or goods in storage or in transit,or tot a^y property left or storey in the equipment or e sevi
:r t'1e rent ng locat°on.Customer agrees not io hold Runyon i:aee ter coinages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees
.armless from and against any and all losses,liabilities.damages,injures,claims.costs and expenses arising out of Customer's use or possession of tee equipment,including.but not tattled to ary and al'fines,penalties and for..eitures imposed by
any governmenta:entity,and,to the extert not covered oy irsura rice.ary claims or liabilities to third parties arising out of the abandonment,conversion.concealment or unae°horizad sale of Ur 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'mits of liapalty provided for herein as a
esu:r of injury,.Beath or property damage arising out of Customer's use of;he equipment. Nether Customer nor any other user of the equipment shall be deemed the agent.servant o"employee of Ruryon'or any reason crony purpose During
he term of;his Agreement.Customer assumes`u11 responsibility for the equipment to the public and any regulatory body raving jurisdiction.
26,Delivery/Pick Up.Delivery is made to closest poutt truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is irvolved.Our service does not include set up and knock town of tables and chaps
t this service is required,arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements ate made and this service is desired on delivery.our driver must call for authorzat on.if time permits,we will
Try to accommodate you aflei quoting the price.Or pick up where no prior arrangements have peen made and rental items are not knocked doom and assembled in one shelterea area.faces and chairs w::I ce;at,urn i the next day wnen a speca'
urea can be scheduied.There will be an additional one day rental.,A knock down fee w!II result if rental items are still up.
27.Waiver of Jury Trial.Each party waves its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof,This waiver pertains to ail disputes That may relat;:to rho sub ect matter he'ein.
rcluding,without:mitatior,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 its a waiver of:mpor an;legal rights and(B)acr.row,edges that
f e:she;has had a reasonable opportunity to discuss this waiver anrd its effects with legal counsel.Accordingly,each party knowingly,voluntaniy.irrevocably and unconditionally waives its fury trial rights.
26.T?ckets,Fines and Penalties.You agree to fully and promptly pay ail fines,cone.es.parking tickets,traffic tickets-,:oils,court costs,anorneys'fees and other charges assessed during the term in connection with the use,parking.storage,age,
ur possession of the Equipment.regarcless of the identify of the drive,of any vehicle You rent from Us.
29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains.all tie dorms.pins and lights in a safe and secure condition while in their possession,Customer agrees net to tor;
any try;or rented from LESSOR,'DEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs.
30.Headings.The headings used herein are solely for convement reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed'ov:he partie,'Equipmert Purchase Agreement. If tine 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 lNARRANTr!S THE SOLE AND EXCLUSIVE WARRANTY APPUCABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,iNCLUD!NG,WITHOUT DMITATiON,THE!MPUED
I(ARRANT IES OF IMERCHANT.ABi'LiTv AND F.TNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON SURFACE PREP SUPPLY L_C OR AFFILIATED COMPANIES WILL NOT BE
_TABLE OR RESPONSIBLE FOR ANA'SF's C.A_,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATEDTOTHE SALE OFTHIS EQUIPMENTTO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
_NDER TH_OR ES OF T HE LAVy Cat CONTPAC-S Oq TORT
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable',or al:shfoping cons;when returning or exchanging an item to Runyon.unless the product has been damaged doting shippir:g.This policy also applies to warranty returns.As
stated:n the R,myon"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 fietght This policy,also applies to shipments refused and returned.
All cancellaton:of whole goods are subject to a 25`� of total gvoiced order)cancellation fee on in sock items from Runyon locations ONLY.Return shipping of the product is not refundable.All parts purchases are non refundable.Any snipment
received n co,,ditio-s ether Than brand new will De charged 50', restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's responsibility to report any darnages'shortaces within 48 hours
of recewin,tie product.Runyon,vill no,accept claims 48 hours after deuvery.Runyon will clot accept returns witnoui authorization.Upon issuing a Merchandise Return AuthorizaTon(MRA),Runyon will instinct custorers as To the best means of
reur;'rig merchard se.Huryon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day tame fare;expires.Runyon will absolutely not,under any circumstances,issue an MRA'or returns on used or damaged products,Any
ffe,gn?rela°ed onmage must be noted or the signed B!I of Lad:ng A:THE TIME OF DELIVERY The purchase price at I'me of sale is final.
REPRESENTATIONS AND WARRANTIES:Seder represents and warrar:s that:fa)Seiler has all necessary light.pnweT and authority to enter into and perform the transactions referenced herein fbf Se':er has good and marketabie titre to the
Eaurpmerf and Opit trio Transfer Date,Seas will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seiler should Seiler at its sole option,elect to finarn_e all or any portion of tn<Pwohase Price).Buser
represents aid warrants that.(.)Buyer has a!necessary right,power and authority to enter into and perform the transactions referenced here ni:(i!)Bwe"has selected and carefully inspected alto exam.red The Equiprnert and`ougd the same to be
acceptacie to Buyer in ail respecfs Dased on criteria established sole,y by Buyer and not based on any recommendation by Selier,and;j,:)Buyer has received.carefully reviewed and is satisfied mrh,all available training,instructions.operating and
user manuals,and other nformat!en(incuding ail training required under applicable OSHA and/or ANSI Standards.it any regard ng the proper and safe transportatrcr.,use,maintenance.repair and sletrage o`'.he 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
AA Property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use
10URFAG6 PREP RENTAL rf 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
LARMI61-a 1`1514lER5•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 hall(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a toot-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonsurfaceprep.com incidental damages,even those damages caused by the negligence of Rentee,together with 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
340n WEST 11 3 3- T T1 EET Con# 252890
CARMEL IN 46074
Loc 100
"SSN PHONE DATE:: TIME ,
W (3 17) 733-2001 OUT 12/18/12 2:07 PM SAF
F (317) 733-2005
ID#3 PO/JOB # RECEIVED''BY
ERIC RUSSELL 12/18/12 2 :08 PM SAF
***FINAL*** Page: 1
QTY ITEM#
' 'EXT AMT NET AMT.
MIN HOURLY .,OVNITE ;; 8'-HOU12.; DAY ..WEEK:, 4 WEEK
4 036723009112 GROUND PROBE 4 ' 2, 2'5. 99 103. 96 103. 96
•jS r�
IFTHE EOUIPMENT IS NOT RETURNED BY"DUE IN"DATE,YOU WILL BE SUBJEC IFM A CHARGE OF CONVERSION 1 RENT 0.00
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 103. 96
1 HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTANDTHOSE INSTRUCTIONS.I ALSO UNDERSTANDTHAT I AMTHE PERSON RENTING THIS PROPERTY,AND OTHER 0.00
THAT RUNYON SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY DW/FEES 0.0 0
OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X 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 103. 96
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT > , CELL AMT BILLED 103. 96
LEASED BY X .i' PHONE
18-DEC-12 14 : 08: 41
REETUf NED BY X I _." RENTAL FEES DO NOT APPLY TO PURCHASES,
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES,?UEL AND ELECTRIC CURRENT. will apply. X L
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
unrracc Runvnn Surfar-a Prpn Rental A Sunnly hac haen nntifiad We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.inspection.Cusfemer acknowledges that;t has had an oppol:unity to personally inspect the equipment and finds it suitable!or its needs and in good condition,and that Customer urders:ands its:roper use.Customer further acknowledges its
duty to inspect the equipment prior to use and nouty Runyon Surface Prep Supply LLC(hereinafter"Ru nyon')of any defects.
2.WARRANTIES,THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE I$NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT
IT IS FREE FROM DEFECTS.
3.indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries.including death and dismemberment.caused by the equipinen'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 i!ablirres including attorneys fees which,i}relate to injury or?o destruction of
property,or parody injury.iliress sickness,disease or death of any person 5ncludfrg employees of Customer),and(2)are caused by,or claimed to be caused.in what,or in par:,by me equipment'eased herein or by the liability or conduct(inacd:ng
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 Ruryor:aga fst all suits or proceedings commenced by anyone
:n which Runyon is a named party r:dr which Ruryon 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 CListorner shat:be i ap'e and responsible for all costs,expenses
and attorney's tees incurred in such defer:e and/or setuement,!udgment or other resolution, in the event that such action is commerced naming Runyon as a party,Runyon may elect to defend said acton on its own behart and Customer agrees
that If shall be'iahic for all costs,expenses and attorney's fees incuired by Runyon in such darense.
4.Rental Charges and Terms. Equipment avitn hour rneters;s aliow•ed eight(8)hours use within a 24-hour period of time. Rental rates for equtpmem are based on usage during this eight(8)hour shift, if Costa l runs the equipment to!over 8
fours in one day,Customer wall 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;n 24 hours=a 3-oay charge
5.Future Rentals.Customer acknowledges that the!arms of this.Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon..whetmr on the date of this Agreement or at any time in the future(except only
as to any Equipment and/or other items;vith respect to which Ciiston er executes a new Agreement).
6.Prohibited Uses. Use of the equipment it,the following circumsances is proh bled and constitutes a breach o`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,id)Use by anyone other har Customer or its employees,without Runyon's written permission,(e)Use at any location other than the address furnished Runyon without Runyon's written.permission.
7.Fuel and Oil Levels All ec;u0mert is full of t:iel vnen rented to Customer and must oo returned to Ru^yon full or additional charges wi:a apply.Also,use of alternative fuels(Biodiesel,E85,etc.)in Runyon equipment is orolrb red.Customer is
::able toi all damages slid repairs that rese"from altemative fire:, aunyon 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 fa::ure to pay rent or other breach of th:s contract,Dearer may terminate this contract and take possession o'and remove the goods trom ilvnerever they are,and Donicr and his agents shat'.not be fable for any ciaim..s
for damage or trespass arising out of Iris removal or file goods.
9.Tires.Customer is totally responsible for all tire repair. It is Customers optima to check over the tires before the equipment leaves and notify Runyon of any;rregularitles scoffed.
10.insurance, Runyan's Insurance does rot^o\ie'egwpme:m W7tie in Customer's possession. Customer is responsible for Insuring the equipment once it eaves H_,nyon's property and um:it has been returned to HunvocS property and
payment has been race.ved.EQUIPMEN I MAY ONLY BE RE'U±NED DURING NOR'.1At.BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION 0'HER THAN NOR`,.1AL S:.!SiNESS i'O;RS REMAINS THE C-ISOMERS
?ESPONSIBIJ-Y.
11.Cleaning Charges Ear;—cm s tic,hr,returner,to Puovoo a,clean as;vher It left A cr;arge of sixty-five dollars±S65 00)per hour wirl be charged far cleanup
12.Assignments,Subleases and Loans of Equipment.Runyan many assign its rights under this Agreement without Customer's consent,out will-mare bound by cii origarions hsore n.Cuz::�!2 r r:uv rot:ublFC<s<nr;;an the eci,:pr?e:":%,Pout
R,urry.r s;art°ten per n?fsston.Any pctpct+ed assign,^.?set byi Customer rs void.
t3.Time of Return. Customer's r:get to rossession terminates on the expiration of the rental period i"Due iii'date&Mime)and retention of possession after t t:s time consti<uee a mate ial brea.;h of ms A.g eement T:rr e is of tre essence in this
Agreement.A,iy extensior.must be mutually agreed upon in writing.
14.Late Return.-file to equipment is and shah at all times remain with Runyon. Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(theft)
15.Time of Payment.Accoums are due and payable at the termination of file rental period.
16.Violation of Agreement and Venue Costs. Customer agrees that ir.the event the Customer violates any of the terms and conditions of this agreement,Runyon r?ay collect damages together with reasonable attorney's fees,court costs and
rhteresl of ore and ono-half i 1 r%r,,percent per month added to accounts over ten(10)days old,reflecting ar annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under Vie'says of the Stara of
Indiana and that 4legal action e brought to enforce this agreerrerf,that HamiLen County.Indiana.shall be the jurisdiction and legal venue for said action:,unless otlifinvise agreed by Runyon anti CLlstomer at a rater time
17.Waiver.Arty fmure by either party to enforce any provision of!"is Agreement shat not constitute a waiver of such provision or prejudice the right of either party le enforce such provision the!eafter.
18.Damage Waiver.If cofsiceratior of the payment of additional rent c:assified as"oamage waver`by Customer,Runyon.agrees to,and hereby does,waive its right,or any right It might have against Customer,iris:tg from normai damage of the
rental property normal damage to be determned by Runvor.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.Tn;s"damage waiver'does not include damag;or loss blithe property as a result of the ne^glige^ce
of Customer of in the case of abusive damage,theft a other gross negigence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment;,use or operator of rte equipment exceeding its
rated capacity,or damage to tires,tubes and wheels caused by blowout,oruses,cuts,punctures or other causes inherent in the use of the egrrpment.It is understood the amount pant is no'an Insurance premium,and that this provisior cars not
represent an iisura:ice colicy or an agreement to insure.No damage waiver license,saes or use taxes are Included!n Runyon's rental rates They are extra.
19.Damaged,Dirty,or Lost Equipment.Customer agrees to pay,:or any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,tivlrie the goods are out of Runyor.'s possession.Equfprnent lost,stolen or damaged
beyond repair viii be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether pedormeJ by Runvo-,or,at Runy:n's notion,by others,at a
charge of sixty five do:ias($65.00)per hour plus parts.
20.Severability.The provisions at this Agreement shall be seveuaole so that the invaridifi%unenfo rceabifity of waiver of any of the provisions snail not affect<he remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible tot loading and unloading equipment. If Runyor's employees assist in Ioad:rg or unloading the equipment.CI Omer agrzs to assume the risk of and'hold Runyon andior its
employees larnies,for any property damage or personal tnjures,including damage and personal rlurres attributabie to the negligence of Runyan
22.Property Damage. Runyon is not respcnsrice for any damage whatsoever as a result of on-the-job ooi!veries or pick up by Runyon.
23,Fees,Licenses,Permfts,Taxes and Fines.Customer shall be soieiy responsible for payment or any fees,licenses,permits,taxes or tines,required by or resulting nom the Customer's use or operation of the equipment
24.Charges. Customer shad pay all charges required under this A-i:eernent upon demand Customer agrees that mileage and time charges are minimum chages only and that no refund or reimbursement is due Cusi,,mer in file event twat teeter
Lays and/or mhos are actually used.
25.Other Liability.Ci stor7ar assumes ail r sks from the improper use of tho equipment Customer is responsible for damages to CUSlomzr'S property or goods in storage or in trarsit,or for any property Left or stored in the equipment,or elsewhere
:qo renting bca;on.Customer agrees not to hold Runyon jab e for damages from down time,materials or other consequential damages resulting from the:se of the Pquipment Customer ieleases and holds Runyon.ifs agents and employees
,,ar^rles}`roia a:ij agar,,st any and all:ossos,aabiiites,damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,Including,but not limited to ary and all fines,penalties and forfeitures imposed by
any gc„erfore iry enaty and,to the extent riot cover by inswarce-ary claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unaufhorized save of trip equipment by Customer,or its agents or employees
or for the confrscatieti of the equipment by any goverr.memal authority because at illegal or improper use.Customer shaft additionally hold Runyon harmless for all loss,8ab.Iih and expense 0 excess of the imiis of liability provided for herein as a
rest,,of ln;uty.)eali.rr property oantage arising out ct C sfcmet's;se or the equipment Neither Customer nor any other user of the equipment shall be deemed Mhe agent.servant or emgo'yee of Ruryon for any reasor.o.,any purpose. During
the term of this Agreement.Customer assures ruii responsibility for the equile-ent to"he-Public and any regulatory body having jurisdiction
26.Delivery/Pick Up.Delivery is made A;closest pour.:trucx can park.Extia 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 rs required,arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements ate made and this service is desired on delivey,our dneur onus',call for authorization.If time permits,rife will
try to accommodate you after quoting tho price Or Fick up =core no prior arrangements have beer made and rental items are not knocked down aid assembled fit one sheltered area tah:es and chairs win be left unt i the next day when a special
crew can be scheduled.There will be air arocittronai one day rer'al A knock down fee will result it rental items are still up.
27.Waiver of Jut yTrial,Each party lva,ves its r!gnt to a;ury tnai of any c€aim or cause of action based on creasing out of this agreement or the subject matter he-em Th s r.a:ver pertains in a,:dsputes tha:may relate l thr,St.b ect matter hereot,
nducinc,vvifhcut limitation,cciruad.tot I.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 i^porMart ieca'rig its ird(Bl anti-o viieages rout
heshe:i+has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly each party knowingly,votuntarly irrevocably arc urcondit onaily waives its jury ra rights.
28.Tickets,Fines and Penalties,You agree to fully a^a promptly pay a!i fines,per.,ties,paik!ng tickets,traffic;tickets tolls.court costs,atrorneys'tees and other gharge>assessed during the-term in conrection with;Ire rise,narking,ssciage,an;
or oc,ses:nn,f tn2 E upmert regardless of the Identity of the nrner of any vehicle You rent from Us
29.Traifers and Towing.The customers respons bit)for inspecting an di maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and 4g9ts in a sate and secure Opndli,cn i'l4e:a their possession CL sionwr ague,'odt'c 10”
any tree,rented fro 1 LESSOWDEALEH(a;in a careless or neo!gent manner.(b)at excessive speed or(c)whr e under the irfluence of medication.alcohol,or illicit n'ugs
30,Headings The headings used hereir are solely for come°rent reference and shel not be t;sed to construe d•affect the interpretation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are disc governed by the partes'Eauiprrient Purchase Agreement. It the Equipment Purci ase and the Terms and Conditions previou:siy enumerated are inconsistent,then file terns f,,31t the Equipment P,_-,chase Agreement prevail
AS-IS-NO WARRANTY:"HE'vVARRANTY IS'HE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR ifviPL E;"7 WARRANTIES,IiNCLUDING,WIT OUT i lATATION,THE iMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS=0R A PARTICULAR PURPOSES,ARE EXCLUDED FROIV THE SALE OF THIS EQUIPMENT.RUNYON SURFACE PREP SUPT'_(L C OR AFFILIATED COMPANIES WILL NOT BE
UAKE OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES AR,IS'NG OUT OF OR RELATED TOTHE SALE OF THIS EOUIPMENTTO CUST0MER.REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS:The customer i�:zb:e'or all shipping costs when returning or exchanging so item to Runyon,unless the product has been damaged during all pprng.This policy also applies to warranty returns.As
stated ir,,the Runyon"Return Policy:'when customers return an'tern or items for credit,a 25"6 restocking fee will be charged to your account,plus all applicable inbound and outbou^d Ire;ent.Thfs policy also applies to shknlems refused and returned.
All cancellations of whole goods are subject to a 255'.(of total invoiced order)cancellation fee on in stock'terns from Runyon locations ONLY.Return,hipping of fie product is not refundable.Ail pars purchases are nor re'undaoie.Any shipment
received in corid!fiors other than brand hew ivlll be charged 501,.,restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the customer's responsibr ty to report any gamagas/shortages within 48 hours
of ueceaiirg the produc:.Runyon will not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Retuw Authorization fMRA),P.unyon will instruct customers as to the bed means of
z yr!:z.g inelchand se.Runyon's MRA`s are void for 30 days after issuance.MRAs are not valid after the 30 day limp.limit expires Runyon will absolutely not,undei any circumstances,issue an MRA for returns on used or damaged products.Ary
freignt related damage mast be noted oh the signed Bir of Lading AT-HE TIME OF DELIVEFI'.The purchase price at tune 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 marketape ttle to the
Edu.pMeot:and(c)or;hz Trans`zr Date,Seller will convey the same to Bayer!save only for ftie purchase money ten it any,to be retained by Seller should So'sr,at its sore action,elect to finance all or any portion of the Furcnase Price!.Buyer
represents and:varrants that:,i)Buyer has all necessary right.0oiver and authority to enter into and perform the transactions referenced hefe;n:iii)Buyer has selected and carefully inspected and examined the EquiprrrPnt aid found the same to be
acceptab e to Buyer in ad respects hale,I on criteria zs'abl shed sde:y by Buyer and not based on any recommendation by Seller;and fill)Pave has received,catefully rrviewed and is satisfied lvhh,all available training.rn>truu:t ons.operating and
,iser manuals,and other information(including aii;raining required under applicable OSHA and:or ANSr Standards,it acv)regarding the p!ociat and safe irarsportaflon,real maintenance.rep.ait and s Brace o;the cgwpment.
In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does wane its right,or any right it might
O 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
A SURFACE PREP RENTAL fir 5UPPLY of the Equipment,use or operation of the Equipment exceeding Is rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive*.Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,t a total loss,will pay replacement 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
CP,WE,L•FISHERS•INDIANAPOLI5 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one he#(1 112)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen It 8)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonsurfaceprep.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm•Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm
RENTED
TO JOB,LOCATION" "• TICKE,T •#
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 252752
CARMEL IN 46074
Loc 100
.PHONE' DATE TIME
W (317) 733-2001 OUT 12/17/12 10:00 AM JP
F (317) 733-2005
ID#3 PO JOB RECEIVED 'BY
ERIC RUSSELL 12/17/12 10: 01 AM JP
***FTN,pL*` Page: 1
'YTY�:- ITEM# ' `. .. EXT AMT NET AMT
' MIN HOURLY', OVNITE 8=HOUR DAY WEEK, 4 WEEK
1 765139602685 RUB BRK 20GR 8"X3"X1" CF268 1;6. 15 16. 15 16. 15
M 71
l _9
4"
4�y err
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"nUE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION 1 D.D.n RENT 0.00
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIB TE
Customer is liable for all damages&repairs that result from alternative fuel. SALES 16. 15
1 HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER .
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 l7
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 c . ;i- 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 16. 15
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. AMT BILLED 16. 15
EQUIPMENT f I :z;, CELL
LEASED BY X ' = PHONE
17-DEC-12 10 :01:29
EQUIPMENT
RETURNED BY X ;',"i RENTAL FEES DO NOT APPLY TO PURCHASES.
...
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES,WUEL AND ELECTRIC CURRENT. will apply. X =t.
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
nnlPCc Runvnn Surfara Pran Rental R Sunn1v 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 in good condition,and that Customer urderstards its proper use Customer f irther acknow'Adges its
duty to inspecl;he 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 THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT
IT IS FREE FROM DEFECTS.
3•Indemnification, Customer agrees tq assume the risks if,and!hold Runyan harmless fir,property damage and personal injuries.including death and dismemoerment caused by the equipment and/or arising cut of Runyon's nag+igenea.
Cusrcros stall ndemni y and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liapilrias including attvrrey's fees which(t)relate tv injury or to destruction or
oroperty,or loc<h'y injury,illness.sickness,disease or death of any person(including employees of Customer,and(2)are caused by,or claimed to be cat ell,in whole or in pa t,py ine equipment:eased herein or by the liability or conduct(ingiud og
n.,.a,passrre,p!!mary or secondary)of Gusto'^Er,its agents of employees,or anyone for•,vhose acts any of them may be liable.Customer shall,at!Is own cost or expense,defend Runyon agerst all Stilts or proceedings commenced by anyone
;.t:oh Runyon is a named party nor which Runyon is alleged to be liable or responsible as a result of or arising out of ine equipment,or any alleged act or omission by Runyon,and Customer s'r!al!be liable and responsible for ad costs,expenses
and asomey's fees incurred it such defense and dr seG!ement, dgment or other resolution. In the event that such action is gpmmerced naming Runyon as a party.Runyon may elect to defend said act'son o^its own behalf and Customer agrees
that it shat bet liable for all costs,expenses and attomeys fees incurred by Runyon in such defense.
4.Rental Charges and Terms. Equipmen=t wit';hour'peters is allowed eight(9)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 rues the equipment for over 8
curs in one day Customer win!be charged for extra hours on equipment.Ore day is 24 hours or eight(8)hours running time. 16 hours running time to 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day chance.
5.Future Rentals.Customer acknowledges that the terms of this Agreerr ent will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date cf this Agreement or at any time in the fdture(except only
as to any Equipment ardtor other items with respect to which Customer executes a new Agreement).
6.Prohibited Uses, Use of the equipment n the foi;owing circumstances is prohib ted and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe (c
Improper,unintended use or misuse:(d)Use by anyone other than Customer or its employees,without Runyon's written permission:(e)Use at any location:other than the address furnished Runyon without Runyons w:!tier.permission.
7.Fuel and Oil Levels A!I eouipment is full of fuel ivhen retired to Customer and must De returned to Runyon full or additional charges will apply Also,use of alterrat ve wets(Biodiesei,E85, tc.}in Rurynn equipment is orr,hibitea Customer is
!able far all damages and repairs that•whit from alternative fu,:: Punyon checlis the oil level in the equipment when is rented to Customer.Ma:nteranco of proper oil level in fie eruip�ert is solely the reap ins bdity of Cvsto^ter.
8.Repossession.Upon a fa,:L a to;;ay rent a other breach of this contract,Dealer may terminate tins contract and take possession of and remove fie goods from wherever they are,and Dealer and his agents shall net be liable for any claims
fir damage or trespass a ising out of the o`tie goons
9,Tires. Cjstom?r s totally responsible for all tire repair. it is Customers option to chec.over the ores before the equipment leaves and notify Runyor of any rrreguiant es spotted.
10.Insurance, R!--myon's insurance does not over eouipmer:while in Customers possession. Cuslomor is responsible for insuring the equipment once it;eaves Runyon's property and un: it has been ril urnao to Rur von's property and
payment has pecr r�,.E ved.EQLIPM-N r MAY ONLY BE RFTU-PNED DLtPINC NORMAL BUSINESS HOURS,ANY EQUIPMENT LEI-7 Ai RUNYON S LOCATiON 03 HER T^AN NORMA..13JIIfvESS Hi0'JRS PIT T/A NS"HE CUS.Ot ERS
RESPONSISI_ITY.
11.Cleaning Charges Ecu pireit is to be icturncv to Runyon as r::^:an as when it left A ch<:roe of sixty-five dollars(565.00 per hour will btu cl argeo lot c:eanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights undo,'his Agreement without Customer's consent,but hill remain ho nd by a?cbh.ganons hore n C.i;:^n!<r may,0'subleas<a:owl thin.=,,u:p .: ;+rtr.,7.!t
n,umrr s v:n°te n perrtisa n Ary perperta:l assigr r,ert by Customer is void.
13.Time of Return, Customers tight to:possession terminates cr tine expiration of the rental period("Due!n'date&;line)and niten<ion of possession after th,s time constitutes a mater.al breach J tn!s Agreement.Time is of the essence in t",s
Aareemrlit Any extension must.be mutually agreed upon in writing.
14.Late Return.Title to equipment is and snail at ail fines rernan with Runyon. Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(theft).
15.Time of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms arid conditions of this agreement,Runyon m rzy collect damages together with reasvnablo attom2y's fees court costs and
fens;of cite and ore Half(1' )percent per month added to accounts over ten(?0';days old,reflective an annual percentage rate of eighteen(?8)percent Customer agrees that this agreement is to be construed tinder fns aw.s of the Stars of
ird ana aid that if legal acion is brought to enforce this agreerent,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for sod action,unless otherwise agreed by Runyon and Customer at a pater time
17.Waiver.Any fadure by either party to enforce any provision,of this Agreement shall not constitute a waiver of sucl!provisior or prejudice the right of either party to enforce such provision tf ereatter.
18.Damage Waiver.In consioeratior:of the payment of add'aionai tent c:assited as damage waiver'by Customer,Runyon agrees to and hereby does,wave its right,(,it any right if might have against Customer.arising fr,in normal damage of the
:er:al property,normal damage tc be determiner'by Runyon.Cus;omei shall pay upon ietuin of property rented a sum equal to 5 of rental charge.This"damage waiver"does not include damage or lass of;he proper v es a rest:!'of the regiigerce
of Customer or in the case of abusive damage theft or other gross negiigence of Customer.This damage waiver snall not apply to reckless,careless or abusive operation or use of the equipmcm;,use or operator of t-ie equipment exceeding its
rated capacity;o"Image to tires,tubes and•.+heels caused by b!CdJOu,briises.cuts,puret:ues or other causes inherent in the use of the equipment.it is understood Me amourt paid is not an incur irce 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 Runyor's rental rates.They are extra.
19.Damaged,Dirty.or Lost Equipment.Customer agrees to pay for any damage to or joss of the goods,regardless of cause,except reasonable wear and tear,v.nila the goods are out of Runyor's possession.Equipment lost,stolen or garmaged
beyond repair wit be paid or at its cur rent list pipe 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 R-r.iycn's option,by others,at a
charge of s:xtv-ffve do.lara($65.00)per nour plus parts.
20.Severability.The provisions of this Agreement shall be severable so that the;nva::dity,unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyor's employees assist in Ioadog or unloading the equipment,Customer aq!lt-s to assume Ire risk at and hold Purgon and/or its
employees hate less for any property damage or personal injures,including damage and personal injuries attributab,o to the negligence of Runyon.
22.Property Damage. Runyon!s not rosonslole for any darnage wnateoever as a result of on-the-job de ivenes 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 chaiaes required uncor;his Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no reruno or r;imbursement is due Customer in the event that fewer
days and/or miles are actually used.
25.Other Liability.Customer assumes all risks from ine improper use o`tie 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 egUipmert,or e:sewhere
in the renting location Customer agrees!tot to nold Runyon liable for damages from down lime,materials or other consequential damages resulting from The use of the equipment.Customer releases and holds Pinyon its agents and emcdcyees
narmiess from and against any and ail losses,aabdit!es,damages,injLz ies,claims,costs and experses arising out of Customer's use or posses;ion of the equipment,including,out not limited to any and all fines,penalties and forfeitures imposop by
any goverrimenta:sillily,and,to the extent not covered by snsurance any c arms or liabilities id third parties arising out of the abandonment,conversion.concealment or unauthorized sale Of ilia equipment by Customer,or its agents or employees
or for the coif;ration of the equipment by any governmental authority oecauise of illegal or improper use.Customer shall additionally hold Runyon harness for ail loss,liability and expense in eicess or the 6^i s of liability provided for herein as a
est,f of injury,Reath or property da^ha Jo a,ising out of Customers.toe of the equipment. Nenher Customer nor any other user of the equipment shall be deemed the agent.servant or employe of Ru^.ion to any reason or any purpose. During
the form of;his Agreement,Customer assun-s'ull aspen ibili y Tor the egumment to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delivery is made to r Iasest point truck can park,Extra charges will result in de iveries to upstairs,elevator use or any point where extra time is involved.Our service does rot irciude set up and keno',dc:vn of tables and.hairs.
11 this service is required,arrangements should be mace severai days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,ore driver rnu3;gall fii aumorzatiin If'ime permits,we rill
fig to acconm tale you after quoting t ne; icp Om pick up where no prior arangamerts have been made and rental Items are not knocked down and assembled in one sheltered area,taxies arc:;h•airs vii De icft until the .ext day whey a special
crew can be scix:duled.There will to air add bona!one day rectal.A knock down fee wil result if rental items ape still up.
27.Waiver of,fury Trial,Each patty:va:ves its r:rn!t to a;ury trial of ary c a:m or cause of action based on or arising cut at this agreement or the subject matter hereat.Th:s waive pertains:c !:Jap:-ter}its:may relate e the sdo!ect matte"here y,
ndupinc,witho,it!imitation,ccnuact ^,r(.breaci of duty,and all oche:common laws and statutory claims.and will not be subject to arty exceptions.Each party(A)unJers(ards that this is a waiver of i po to .:ega!riurl:and(�'•ackrowiedgps that
e5ha,it has has a teascrabe opporlur!ty to discuss this waiver ano its effects w:th'egal counsel.Accordingly,each party knowingly,voluma'iy.ir-evocably and uccpnditinnalhy r:ames its;ury t,.;t!r:_frIs.
28.Tickets.Fines and Penalties.You agree to fully and promptly pay all fines,penalties,par king tickets.traffic tickets,tolls,court costs,ahoi neys'tees and other charg s assessed du:ing the s at!n,,;nrecfion w.i:h rn•,ii52,oarkiio,storage and,
or:,aescss.:r of rata E.�:p'" regardless o`.the identify of the driv,�r of ary von pie You rent from Ids
29 Trailers and Towing.-he cusiorntr s!es;),nsbfe`Ur insceriing and maintaining tie trailer coupling meci:anisrn,s,,:fety c"airs,all he dooi ns,Airs and icnts it a saie and snows condition while in fl it possesson.
an::ra e rente I ao:r LESSOR.DEALER ia;in a careless or negligent manner,ib)at ex_°ess!.e speed or',,)wndle t,rder the influence of rnedication alcohol,or iliirit drugs
30.Headings.The headings used hereu are soiely for convenient reference ano shall not be used to construe or affect trio interpretation of this Agreement.
ADDITIOALTERMS AND CONDITIONS FOR SALES
All sales are also,governed by the parries Equ pment Purchase Agreement If the Equipment Purchase and the Terms and Conditions previously enumerated are irconsisrent,they the terms from the Eeu:ph ent Purchase Agreement preva!:
AS-IS-NO WARRANTY:THE WARRANTY'S THE SOLE AND EXCLUSIVE'AARR.ANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR lIMPUED WARRANTIES,INCLUDING,WITHO:!T L!it?ITA?IONl THE iMQUED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON SURFACE PREP SUPP Y L..0 OR AFFILIATED COMPANIES WILL NOT BE
_TABLE OR RESPONSIBLE FOR ANY SPEC:AL,INCIDENTAL OR CONSEQUENTIA_DAMAGES ARISING OUT 01w OR RELATED TO THE SALE OF THIS EQU I PM ENT TO CUSTOMER,REGARDI ESS OF'VIHETHER SUCH DAMAGES ARISE
JNDER THEORIES OF THE LAIN OF C:ONT,-ACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS:The customer s habie tor all shipping costs wit-on returning or exchanging an item to Runyon,unless the product has been damaged during shipping.Thls policy also applies to warranty returns.As
stated in the Runyo,"Return Policy."whet,custo reis return an item or items for credit,a 25%restocking fee will Do charged to your account.plus all applicable inbound and outbound freight.This policy a:so applies to shipments refuses and returned.
All cancellations of whole goods are su'40 to a 25%(of total invaceg order),cancellation fee on in stock!;ems from Runyon.locations ONLY.Return shipping of the product is not refundable.A parts purchases are non refundable.Any shipment
received in conditions other than brand new,will be charged 5u%restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the customer's responsibility to report any damage;'shcrages wnnin 48 hours
of receiving the product.Runyon will not accept claims 48 hours after deivery.Runyon will not accept returns w^thou°authorization„Upon issuing a Meichandise Return Authorization(MRA),Runyon will Instruct customers as retire best means of
retim rig mechartdiss.Runyon s MR.A's aie valid for 30 days afle issuance.MBAs ate not.valid after the 30 clay/tine limit expires Runyon will absolutely not,under any o rcumstances,issue an MRA for returns on used or damaged products.Any
fre ant related damage most be rotcd or the signed Bit'of Lading ATTHE TIME OF DELIVERY Tne purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that.(a)Seller has all necessary rghf,power and authority to enter into and perform the transactions referenced herein;(bl Seller ties good and marketao!e title to tr!e
Eau.prmert,ano ic)or the Transfer Date,Seller will convey the sama to Buyer(save only for the purchase money hen;it any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of t`ie Purchase Price)Buye
represents and warrants that:`i1 Buyer has all necessary right;power and autnomy to enter into and perform the transactions referenced herein:(it)Buyer has selected and care'tilly Inspected anu examined the Equipment and found the same;p be
acceotah,e to Buyer in all respects based on criteria establ sling sr„e:y by Buyer and not based on any recommendation by Seller;and(ii.,Buyer has received,carefully rev:paved ano is satisfied viii,all available train; ,Ins;rDCt o s operating end
ser manual,an;z st^er information(including all training requires under applicable OSHA and/or ANS!Standards,if env}regarding the proper and safe transportation,use,nlairdenance,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,of any right it might
®� ® have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding Its rated rapacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
tQUIPMENT I�I;NTAL 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
GAFMEL•FISN6R5•INDIANAPOLI5 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and oonditions of this agreement,the Renter may collect damages together with reasonable attorney
tees,court costs and interest of one and one haft(1 12)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a toot- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.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 ICE MELT
3400 WEST 131ST STREET Con# 253292
CARMEL IN 46074
Loc 100
SSN •.. PHONE DATE TIME
W (317) 733-2001 OUT 12/26/12 10: 16 AM SAF
F (317) 733-2005
ID#3 PO/JOB # RECEIVED,'BY
ICE MELT HICKS, JORDAN 12/26/12 10:17 AM SAF
***FINAL*** Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8—HOUR .:. - DAY .' WEEK 4 WEEK
196 2460004664 ICE MELT PRO GRADE BLUE 50#BAG 10.99 2154. 04 570 . 821583 .22
IFTHE EQUIPMENT LS NOT RETURNED BY"DUE IN"OATE,YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT). RENT 0.0 0
Use of alternative fuels,(Blodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED
Customer is liable for all damages&repairs that result from alternative fuel SALES 1583.22
1 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 EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON,I DW/FEES 0.0 0
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL 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 SALES TAX 0.00
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 1583.22
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR LABOR RATE CHARGED AT 585 AN HOUR
EQUIPMENT CELL AMT BILLED 1583.22
LEASED BY X PHONE
26-DEC-12 10:18:44
EUIPMEN
RETU NEDTBY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges ifti
duly to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon")of any defects.
2,WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment and/or arising out of Runyon's negligence
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorneys fees which(1)relate to injury or to destruction of
property,or bodily injury,illness,sickness,disease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including
active,passive,primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses
and attorney's fees incurred in such defense and/or settlement,judgment or other resolution.In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs,expenses and attorney's fees incurred by Runyon in such defense.
4.Rental Charges and Terms.Equipment with hour meters is allowed eight(B)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 6
hours in one day,Customer vAll be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time.16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge.
S.Future Rentals.Customer acknowledges that the terms of this.Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the future(except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6,Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe;(c)
Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written permission;(a)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(Biodiesel,EB5,etc.)in Runyon equipment is prohibited.Customer is
liable for all damages and repairs that result from alternative fuel.Runyon checks the oil level in the equipment when it is rented to Customer,Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8,Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9,Tires.Customer is totally responsible for all lire repair. It is Customers option',a check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10.Insurance, Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring Ilia equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11,Cleaning Charges.Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-five dollars(565.00)per hour will be charged for cleanup.
12,Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipment without
Runyon's written permission.Any purported assignment by Customer is void.
13.Time at Return.Customers right to possession terminates on the expiration of the rental period("Due In"data&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 Ilia"Due In"date will subject Customer to a charge of conversion(theft).
15.Time of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs.Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may coffee',damages together with reasonable attorney's fees,court costs and
Interest of one and one half(1 yi)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17.Waiver,Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18,Damage Waiver.In consideration of the payment of additional rent classified as"damage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right if might have against Customer,arising from normal damage of the
rental property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence
at 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 rapacity or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is not an insurance premium,and that this provision does not
represent an insurance 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 lass of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon's possession.Equipment lost,stolen or damaged
beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon's option,by others,at a
charge of sixty-five dollars($65.00)per hour plus parts.
20.Severability.The provisions of this Agreement shall be severable so that the invalidity,unenforceability or waiver of any of the.provisions shall not affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage.Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23.Fees,Licenses,Permits,Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customers use or operation of Ilse equipment.
24.Charges,Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customers property or goods in storage or in transit,or for any properly,left or stored in the equipment,or elsewhere
in the renting location.Customer agrees not to hold Runyon liable for damages from down lime,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees
harmless from and against any and all losses,liabilities.damages,injuries,claims,costs and expenses arising out of Customers use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by
any governmental entity,and,to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for harein as a
result of injury death or property damage arising out of 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,Ath a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorization.If time permits,we will
try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be left until the next day when a special
crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental Items are still carp.
27.Waiver of JuryTrtal.Each party waives its right to a jury trial of am,claim or cause of action based on or arising out of this agreement or the subject matter hareol.This waiver pertains to all disputes that may relate to the subject matter hereof,
including,without limitation,contract.tart,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(8)acknowledges that
he/she6f has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its jury trial rights.
28.Tickets,Fines and Penalties.You agree to fully and promptly pay all fines,penalties,parking tickets,traffic tickets,tolls,court:casts,attorneys'fees and other charges assessed during the Term in connection with the use,parking.storage,and'
or possession of the Equipment,regardless of the identity of the driver of any vehicle You rent from Us.
29,Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to tow
any trader rented from LESSORIDEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs.
30.Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties'Equipment Purchase Agreement.If the Equipment Purchase and the Terms and Conditions Previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevail.
AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY.APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACT S OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for all shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also applies to warranty returns As
stated in the Runyon`Retum Policy,"when customers return an item or items for credit,a 25;6 restocking fee will be charged to your account,plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25%(of total invoiced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.All parts purchases are non refundable.Any shipment
;eceived in conditions other than brand new will be charged 50%restocking fee of the total amount.All returns must be properly boxed before they are returned.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
-ebuming merchandise.Runyon's MRA'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
night related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final.
9EPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable title to the
quipmenl;and(c)on the Transfer Date,Seiler will convey the same to Buyer(save only'or the purchase money lien,if any,to be retained by Seller should Seller,at its sole option,elect to finance all or arty portion of the Purchase Price).Buyer
•epresents and warrants that()Buyer ties all necessary right,power and authority to enter into and perform the transactions referenced herein;Cu)Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(fit)Buyer has received,carefully reviewed and is satisfied with,all available training,instructions,operating and
.user manuals,and other information(including all training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
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
f1 M n f� have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reddess,careless or abusive operation or use
SURFALE VIR6P RENTAL sr 5U"LY 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
t�•°. other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive o Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
C"el-o FISHERS o INDIAN"01-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.
Z'0!T — 586 — 0338 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may tolled damages together With reasonable attorney
fees,court costs and interest of one and one W(11/2)percent per month added to accounts aver 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 disdains 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 o Saturday 7:00 am -4:30 pm o Sunday 9:00 am -3:00 pm
:RENTED TO .. JOB' LOCATION- TICKET" # -
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 250988
CARMEL IN 46074
Loc 100
SSNa- PHONE DATE TIME
W (317) 733-2001 OUT 11/26/1-2 10:43 AM W
F (317) 733-2005
°0"=TOB.:#. RECEIVED BY
STAPLETON, NATHAN A RETURNED 11/26/12 3 :30 PM MS
***FINAL*** Page: 1
QTY' :ITEM#- -EXT 'AMT : NET "AMT
MIN HOURLY OVN
` ` .,DAY : .,: ' WEEK ." 4 WEEK
,. . :.,.°.. . .." ITE 8-HOUR
1 8368-0006 HAMMER C DEMO SDS MAX TE-705 50. 00 50.00
$40 . 00/4 50. 00 50. 00 2"0,0 ,00`s >06.00 . 00
1 0302-0000 POINT & CHISEL LARGE `- '" 8 . 00 8 . 00
$8 . 00/D 8 . 00 : 8,..008 :00
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBIECTTO A CHARGE OF CONVERSION RENT 5 8.0 0
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 PROPERTYTO ANY DW/FEES 2 . 9 0
OTHER PERSON.1 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 O.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,1 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 60.90
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT •-.I„ CELL AMT BILLED 60.90
LEASED BY X '' PHONE
26-NOV-12 15:30 :59
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 ALL TIRES,?UEL AND ELECTRIC CURRENT. will apply, X
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
unless Runvon Surface PreD Rental&SuDDIv has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection,Customer acknowledges that t itas had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands irs proper use.Customer further acknowledges its
duty to Inspect the equipment prior to use and notify Runyon Surface Prep Supply LLC (hereinafter"Runyon")of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE.OR THAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless tor,property damage and personal injuries,including death and dismemberment,caused by the equipment andror arising out of Runyon's negligence.
Customer shall indemnity and defend Runyon against and hold Runyon harmless from any and all claims,actions.suits,proceedings,costs,expenses.damages and liabilities including attomey's fees which(t,relate to injury or to destruction of
property or bodily injury.illness.sickness,disease or death of ary person(including employees of Customer),and(2)ate caused by.or claimed to be caused,in whole pr in part by the equipment!eased herein or by the!!ability or oonouct(including
active,passive,primary or secondary)of Customer.its agents or employees,or anyone for:.whose acts any of them may be liable.Customer shall.at as own cost or expense,defend Runyon aga:rst all suits or crocoediegs commenced by anyone
:n wh: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 omission by Runyon,and Customer shall be I:able and responsible for a costs,expenses
and attorney's teas incurred in such defense artdbr settlement,Judgment or other resolution. In the event that such action is commenced naming Runyon as a party Runyon may elect to defer:.;said action on its own h-chat and Customer agrees
that it shelf us Quote for all costs,expans=s and aitorneyys fees incurred by Runyon in such defense
4.Rental Charges and Terms. Equipment with hour meters;s allu':ved eight(8)hours use,within a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)h our shift. If Customer runs the equipment for over 8
hours in one day.Customer:vill be charged far exits 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=a3-day charge.
5.Future Rentals.Customer acknowledges tnat the terms of this Acne^?ent will be deemed to apply to all Equipment Customer may tent or purchase from Runyon.,whether on the date of this Agreement or at arty time in the futLt,e(except only
as to any Equipment and!r other'ems with respect to vmich Customer executes a new Agreement).
6.Prohibited Uses. Use of the equipment.n the following circumstances is brohibifed and constitutes a breach of this Agreement:(a)Use for illegal purpose or;n ail,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 Rayon's written permission:(a)Use at any location;other than the address furnished Runyon without Runyon's v;ritter permrss-on.
7.Fuel and Oil Levels.A!i ecl �pment s full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(Biodiesel,E85,etc?in Runyon equipment is procb,ted.Customer is
able for all damages and repairs that result front alternative fuel. Runyon checks tie oil level in the equiorent:r,hen it is rented to Customer.Maintenance of proper oil level in the equ':prrert is solely tree responsibility of Customer.
8,Repossession.Upon a failure to pay rent or other Dreach of this contract,Dealer may terminate tn:s contract and take possession of and remove the goods fronn wherever they are,and Dealer and his agents shall not be.!:able for any claims
for damage or trespass arising our of the removal of the goods,
9.Tires. Customer is!o!aiiv responsible for all tire repair It is Customer's option to check over the fires before the equipment leaves and notify Runyon of any irregularrios slotted.
10.Insurance, P.inyods itswance does flat cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's prcpe-ty and until it has been returned to Runyon's property and
Payment has oeen reeved.EQUIPMENT MAY ONL`'6E a'c'URNEJ CURI"dG NORMAL BJSINESS'r,0UR5,ANY EO IPPIENT_E�AT RUNYON'S`_OCATIvN OTHER TnA\NOR'.1AL t. SIPdESS k'OJRS REft1AiNS?HE CL;S?O",tERS
PESPONS13ii-rTY
11.Cleaning Charges. E;!:p�gilt is to be re,umed to Pinyon as dean as when it left.A,cfiarge of sixty-five dollars 665 00)per hour will be charged for deanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights unop This Agreement without Customer's consent,but will remain bound by ai IGigations nets,.Guslorter ray col sublease o, can the coLortert without
Punvcr s wwren pennisslen Ail';P,!rperted assigrinert py Cu>idmer is void.
13.Time of Return, stoners r qnt to possession terminates on the expirafon of tiro rental period("Due;n'data&time)and re!ernion of possessor after this time c;nsfltu:os a rr:a:c:ial breaer of 11,1s Ag-eertenf.T:-c is or tie esserco in this
Aureemii m.Any extension must,be mut!.cIly agreed upon.r.wrilir g.
14,Late Return.-ritte to equipment is and shall at all tames reara�n w'an Runyon. Failure to return the Mipment by the"Due!n'date will subject Customer to a charge of conversion;that'.)
15.Time of Payment.Accounts are due and payable at the lerminat;on 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 togelhei with reasonable attorney's fees.Court costs and
interest of one and one half(1!-_;percen!per month added to accounts over ten(10)days old,reflecting an annum percentage rate of eighteen(18)percent. Customer agrees that this agreement is tc be construed under the Taws of the Stave of
Indiana and thatJ!egai aci on Is b,oughr to enforce this agreement that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless othenvise agreed by R noon and Customer at a titer rime.
17.Waiver.Any fa lure by either par',,to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the ight of either party in enforce Scat provision thereafter.
18.Damage Waiver,In consideration of his payment of additional lent classified as'damage waiver'by Customer,Runyon agrees to,and hereby does,wave its right;or any right it might have against Customer;ans:ng from normal damage of the
rental property,normal damage m be determined by Runyon.Customer shall pay upon return of property rented a Quin equal to 5`c of rental charge.This"damage waiver'does not include damage of loss of the property as a result of the negligence
of C,stomer or in tine case of abusive damage,theft or other gross negligence of Customer This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment use or operation of the equipment exceeding its
rated capac:nt,or carriage to!riles,tubes an,::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!ail insurance otemiim,and tha!this provision does not
reprasen:an insurance policy or an agreement to:':sure.No damage waiver license.sales or use taxes ate Included in Runyon's rental rates.They are extra.
19.Damaged,Dirty,or Lost Equipment.Customer acrees 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 Runvor.'s possession.Equipment Icst,stolen or damaged
oeyonc repair:vill be paid'Or at Its current ust 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 Ruryoa,or,at Runyon s potion,by ct•ters,at a
charge of sixty five ooaars i$65.0M per flour plus parrs.
20.Severabiiity. i he provisions of this Agreement sha i be severable so that the invalidity,unenforceability or waiver of any of the provisions shall rot affect the remaining provisions.
21.Loading and Unloading Equipment, Customer is responsible for loading and unloading equioment. If Runyon's employees assist in loading or unloading the equipment;Customer agrees to assume the risk,:of and held Runyon andior Its
employees earn-.less for any property damage or personal injures,including damage and personal:n;uries 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 shelf be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of the equipmeni.
24.Charges,Customer shat!pay at charges required under:his Agreemen!upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refunc or reimbursement is due Customer in the event that fewer
days andlor mules are aotuaty used
25.Other Liability.Customer assumes all risks from the imgr-open use of trio ec xp^anC Customer is responsible.for damages to Customer's property or goods in storage or in transit,or far any property left or stored in the equipment,or elsewhere
n the reran,lucat!on.Customer agrees not to hold Runyon hapie for damages from down lime,materials or other consec uentiai damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees
harmless iron;fro against any and ail losses,liabilities,damages,injuries.claims,costs and experses arising out of Customer's use or possession of the equipment including,but riot limited to arty and all fines,penaibes and forfeitures imposed by
any go4arnmentai entity and.to the extent not covered by insurance.arty claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sate 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 'proper use.Customer shall additionally hold Runyon harmless for all loss,liab!ity and expense in excess of the limits of liability provided for herein as a
result of injury,death or property damage ansmg out o`Customer's use of the eat;pment. Neither Customer nor any other user of the equipment shall be deemed the agent servant or employee of Runyon for any reason or any ourpose. During
the farm of:his 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 poir.:truck can park.Extra charges will result in de iveries to upstairs,elevator use or any point where extra time is Involved.Our service does not include set up and knock down.of tag es and chairs.
I`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 authoization.If time pet mits,we will
try to accommcdats you after quoting the price Or pick up where no prior arrange, erts have been made and rental items are not knocked down and assembled in one shertered area,tab'.es sod chairs w':'be left until the next day when a special
crew can be schoduied.There will be an aradaonal one day rental A knock down fee wih result if rental items are st!i up.
27.Waiver of Jury Trial.Each party waives its right to a!ury trial of ary c:a:m or cause of action based on or arising out of this agreement or the subject matter hereof.This waver pertains to a2 disputes that may relate',,the subject matter hereof,
ncivaing,without:nitatior,contract,:orl,breach of duty,and all other com^tor,law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waPVer of importart legal i fights 3rd(B)acknowledges that
re;she4t has had a reasoraD e opportunity to discuss this waiver aria its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives Its jiTy trier r gnts.
28.Tickets,Fines and Penalties.You agree to ful;y and promptly pay all fines,penalties,parking tickets.traffic tickets,tolls,court costs,attorneys'fees and other charges assessed during the-term in correct on vr:h t%:p use,par'King,storage,an:;
or possession of the Equipmenl,regardless o`the identify of the driver of any vehicle You rent from Us.
29.Trailers and Towing.The customer's 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 C,.smmer agrees riot to tow
a tv L',':!a,rented frar�LESSOR.DEALER(a in a careless or negligent manner,rib)at excessive speed or(g)while under the irf:Iuence of medication,alcohol a!illicit drugs
30.Headings.Tile readings used nereir a;e solely for coriven,oril reference and she not be used to construe or affect ire interpretation of finis 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.:NC:UDING.WITHOUT L'.ft",IT ION,':HE iMPUED
tiVARRANTIES 0i=MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON SURFACE PREP SUPPLY LLC OR AFFILIATED COMPANIES WILL NOT BE
LAKE OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAFA.AGE5 ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUS?OiAER,REGARDLESS OFWHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customers liable for all shipping costs when returning or exchanging an item to Runyon,w-less the product has been damaged during sf:ipp ng.This policy also applies to warranty returns.As
stated;n the Runyor'Return Policy"when customers return an item or items far credit,a 25,,,restocking fee will be charged to your account,plus all applicable nbourd and outbound freight.Th s policy also applies to shipments refused and returned
All cancellations 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.A:I parts purchases are non refundaple.Any shipment
received in conditions other than brand new will be charged 50`5 restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's resporslbllay id report any damages:shorages,within 48 hours
of receiving the product.Runyon will not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA).Runyon will instruct customers as to the best means of
returnng merchandise.Runyon's NiRA's are valid for 30 days after issuance.MRAs are net valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MIR.A for retires on used or damaged products Ary
freight related damage must be noted oil signed B;t of Lading AT THE TIME OF DELIVERY The purchase once at ts,e of sale is final.
REPRESENTATIONS AND WARRANTIES:Scher represents and warrants that:(a)Seller has all necessary right,power and authority 1p entei into and perform the transactions referenced r.erein(b)Seller has artod and marketable title to the
EcLipmert:and(c)or the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money hon,it any,to be retained by Seller should Seller,at its sole optio elect to fmaace all or ary portion of the Purchase Price).Buyer
represents and warrants that:(i)Buyer has all necessary right.pu'f'f`-r and autnorry to enter into and perform the transactions referenced herein;(if)Buyer has selected and carefully Inspected and examined;he Equ;pmerrt and found the same to be
acceotao!e to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(fill Buyer has received,carefully reviewed and satisfied.with,all ava;'able tratorrg,ins:ructions,-operating and
user manuals,and other informatioe(including all training requ;:ed under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,mair.ter:anoe,repair and storage of the Equipment
In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
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
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
Y
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
5URFAG6 P96P 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
LARM61-•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(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www,runyonsurfaceprep.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm•Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm
RENTED TO JOB LOCATION TICKET #'
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 252456
CARMEL IN 46074
Loc 200
SSN PHONE;.• DATE _TIME
TIME
(3 17) 733-2001 OUT 12/13/12 10:45 AM MS
F (317) 733-2005
ID#3 PO/JOB. RECEIVED, BY
WILLIAMS, RONALD D RETURNED 12/13/12 2 : 06 PM TT
***FINAL*** Page: 1
QTY ITEM# EXT AMT NET"AMT..
MIN ' :HOURLY OVNITE 8-HOUR DAY WEEK; 4 WEEK
1 2023-0005 CONCRETE PLANER 8" GAS ::„� 200 . 00 200 . 00
$200. 00/D 200. 00 200 . 00 80x0," 00":;,£,2400 . 00
IFTHE EOUIPMENT IS NOT RETURNED BY"DUE IN"DATE,YOU WILL BE SUBJEC-rM A CHARGE OF CONVERSION ffH .
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIBITED RENT 200 0 0
Customer is liable for all damages&repairs that result from alternative fuel. SALES 0.00
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTANDTHOSE INSTRUCTIONS.I ALSO UNDERSTANDTHAT I AMTHE PERSON RENTINGTHIS PROPERTY AND OTHER 0.00
THAT RUNYON SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY DW/FEES 10.0
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 210.00
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT :_ CELL AMT BILLED 210.00
LEASED BY X `` ` PHONE
13-DEC-12 14 : 07 :33
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,FUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
unless Runvnn Surface Pran Rental 9 Sunnly has been nntified_ We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that is has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in goop condition,and that Customer understands its proper use.Customer further acknowledges its
duty to nspect tn*equipmen•prior to use ana 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 THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT
IT IS FREE FROM DEFECTS,
3,Indemnification. Customer agrees;o 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
Cus:c:mer s,,al:ride:mnify,and defend Ruryon 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 tp injury or to destruction of
pr;po�4 of bod'^y mjwy,11ress 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 Ilabihly or conduct fincluding
a,t ve,passive,pwflary or seconder v)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
air ci Run,cr:s a named party toe 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 shar be liable and respor:sib!e for all costs,expenses
and abcr ne.v s roes incurred in such defense and/or settlement,!udgment or other resolution In the event that such action is commenced naming Runyon as a party,Runyon may elect to defeno said action or.its own beha".f and Customer agrees
Ilia:it shall be!able for all costs,expenses and attorneys fees incurred by Runyon in such defense.
4,Rental Charges and Terms.Equiprnel t with hour maters is allowed eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during the e:ght(8)hour shaft. If Customer runs the equipment for over 8
^oars in one day,Customer will be chaged for extra hours on equipment.Ore day is 24 hours or eight(8)hours running time. !6 hours running time in 24 hours=a 2-day charge.24 hours running time:n 24 hours.-,.a 3-day charge.
5,Future Rentals.Customer acknowledges that the terms of iNs Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon..whether on the date of the Agreement or at any time.n 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 equipmert n the follow ng circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an d`egal manner;(b)Use when the equipment is in bad repair or is Lnsafe;;c)
moroper,unintended use or misuaa;(d)Use by aryore other,hart Customer or its employees,without Runyon's wirlion permission:(a)Use at any location other than the address furnished Runyon without Runyon's written permission
7.Fuel and Oil Levels.Ai:eeu:pmer.l s full of fuel when rented to Customer and must be returned 10 Runyon full or additional charges will apply.Also use of alternative fuels ftod esei,E85,etc in RLmyor equipment's prohibited.Custome-is
liable for all damages and repairs that result;rein alternative foe; R:,nvon checks the oil level in the equipment when i±is rented to Customer. Maintenance of p'0
per oil level n the equipnlgr;is solely the responsibility of Customer.
8.Repossession.-,rn a=a acre to pay fert:x other Breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever:hey are,and Dealer and his agents sha not be'table Tor any claims
for damage or Pespass a:sing cut of tl:e inmova:cf the goods.
9.Tires. C:.s'o:Tar s!golly resoons:blc icr all tire repair. It is Customer's option,to check over the tries before the equipment leaves and notify Runyon of any irregularities spotted.
10,Insurance. ? nv:.ris r;ura:ice toes rot cover equipment•Nlo in Customer's possession. Customer is responsible for insuring the equipment once it leaves Ruryon's property and unt:I it ryas been returned to Runyor's property and
payrn•ent tas b:err received.EQU'PMEN`k',AY ONLY BE RETUR%ED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL-BUSINESS HOURS REMAINS THE CUSTOMERS
PE6 F1'',JSitil:-.::
I1.Cleaning Charges. Lc,u:p^:ert:s tc be returned to Runyon as clear as vvhen it left.A charge of sixty-five dollars($65.00)per hour will be charged for cleanup.
12,Assignments,Subleases and Loans of Equipment. Toy^n.-nay assign its rights ender this Agreement without Customer's consent,put(pill reran bound by ad obfi:jatons here.C,is:omer^,av nee sublease or haa'i:hs eampmer:tvrtro.,t
unycrs vvnnsr permission Any purported assignment by Customer Is void
11Time of Return. Customer's right to possession terminates on the expiration of the aural period f"Due n"date&eme)and retention of possessior.after this time constirutes a ratenal breach of this Agreement Tame is of the essence in this
Agreerent.Any exterior must be mutually agreed upon in writing.
14.Late Return.Title to egapment is arid sha:'at all times remain with Runyon.Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(theft).
15.Time of Payment.Accounts are due and payable at the termination of the rental period.
16,Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of;his agreement,Runyon may collect damages together,with reasonable attorney's`fees,court costs and
wte,est of one and one^alt(t?a)percen°per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customet agrees that this agieement is to be corstrued under the laws of the State of
Indiana and:hat f "gal act on 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`allure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or pre;udice the right of e the!party to onforce such provision thereafter.
18.Damage Waiver.In consideration of the payment of addh:unal rent classified as'datnage Lvaver"by C:is<orner,Rwrydr,agrees to,and hereby does,wave its right,or any right it might have against Customer,arising from normal damage of the
rental cropertv rorrnal damage t0 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 of;n tt.e case of abusive damage.:heft or other gross negligence of Customer.This damage waiver shall not apply to reckless.careless or abusive operation or use of the equipment,use or operation of the equipment exceeding Its
rated capac::y or oamacle 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 nsurance prem urn,and that;his provision does not
represent an insurance policy or an agreement to Insure.NO damage waiver license,sales of 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 ano tear.while the goods are out of Rumiors possession.Ega!pment lost,stolen or damaged
beyond repair eviil be paid to.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 bonnie by Customer,whether performed by Runyon,or,at Runyon's option.by others,at a
charge of sixty-five dollars(S65 00)per l:0nr plus parts
20.Severability.*he provisions o`this Agreement shall oe severable so that the invalidity,unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist In loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon and/or its
emp�oyees harmless for any property damage or personal injuries,including darnage and personal Injuries attributable to;he negligence of Runyon.
22.Property Damage. Runyon is not responsible for any damage whatsoever as a result Of on-the-job deliveries or pick-up by Runyon.
23,Fees,Licenses,Permits,Taxes and Fines, Customer shall be solely responsible for payment of any fees.licenses,permits,taxes or fines,required by or resulting from the Customer's use or Operation of the equipmen:.
24.Charges.Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges cnly and that no refund or reimbursement is due Customer in the event that fewer
days andicr rntes are actually used.
25,Other Liability-Customer assumes all uses from the Imoroper use of the equipment.CLetorner is responsible for damages to Customers property or goods in storage or in transit,or for any property left or stored.n the equipment,or elsewhere
Ir rte rent ug location.Customer agrees not o hold Runyon':able for damages from down time,materials or other consequential damages resulting from the use of the equipment Customet releases ano holds Runyon,Its agents ar,d employees
armless from a:d against any and ail losses,liabilities.damages,injuries,claims.costs and expenses arising out of Customer's use or possession of the equipment.including,but not limited to any and al'fines,penalties and forfeitures imposed b,•
any goverrmentai entity.ard,to the extent not covered cy insurance,ary C:a;ms or liabilities to third parties arising out of the abandonment,conversion.concealment or unauthorized sale of the equipment by Customer u!its agents or employees.
or for the confiscator of the equipment by any governmental authority because of itegal or Improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense it excess or the limits of iiapility provided for herein as a
rest
of injury,death or property damage aniline out of Customer's use of the equipment. Neither Customer no,any other user of the equipment shall be deemed the agent,servant or wnpioyee of Runyon for any reason or any puroose. Dirirtg
'he 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 tr,closest point true;can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does nci ilr&,de set up and knock down of tables and chair,.
If this service is i'aqusad,atraraements sho:i!d be mace several days prior to delivery with a special charge quoted.If no arrangements are made ano this service;a desired on delivery,our driver must call for authorixation.:f time permits,we will
try to accommr•date you af•er quoting thr price Or pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables end chairs,v:il oel ref.until`ate next day when a spas ai
crew can be schemed There-will be an aodkional one day rental.A knock down fee w:Il result if rental items are still up.
27.Waiver of Jury Trial-Earn party;;a:ves's right to a;ury trial of any claim or cause or action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to ail disputes that may relate-to the sub pct matter hereof
:ncluoing. =tract,tort,(react(e`duty,and all other con_mon law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of important legal huhts and tai ackrowledges that
.":er'sh&t has had a reasonable opportunity to discuss this waiver arid!is effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its jury*tint rights.
28.Tickets,Fines and Penalties,You agree to fully and promptly pay al fines.penalties,parking tickets,traffic tickets,tolls;court costs,attorneys'fees and other charges assessed during the"ern in connection with the use,parking.storage,ands
or possession of the Ecrunnicn,regaidless of the:dent:ty of the driver of any,vehicle You rent fr^,m Us
29,Traiters and Towing.The custo-rpt's responsible for inspecann and maintaining the trailer coupling mechanism,safety chairs,all tie downs,pins and lights it a safe arid secure coeditor:while in their possess:on,Customer agrees not to t:s
a-tv tra d-Ientcd trim LESSOR:DEALER(a;it a careless or neg:Igent manner,(b?at excessive speed or(c)wore under the influence of medication.alcohol,or illicit Drugs.
30.Headings-The headings used herein are soie:.y for convene^t reference and shall riot be used to construe of affect the interpretation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales ere also governed by the parties'Equipment Purchase Agreement, If the Equipment Purchase and the Ternns 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,WITHOLJ LIMITATION,THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON SURFACE PREP SUPPLY LC OR AFFILIATED COMPANIES WILL NOT BE
_TABLE CH RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATEDTO THE SALE OFTHIS EQUIPNIENTTO CUSTOMER.REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER 7HE01R ES OF THE LA'W OF CONTRACTS OR.TORT
RETURN POLICY FOR PURCHASED ITEMS:The customer is iiable for al snipping costs wher returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also applies to warrant'returns.As
stated In the Runyon"Return Policy,"when customers return an itern or items for credit,a 25%restocking fee will be charged to your account„plus all applicable inbound and outbound freight.T his policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25`L(of total Invoiced orcer)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable All parts purchases are non refundable Any shipment
received in conditions ottier than brain,new will be charged 501:,restocking tee of the total amount.All returns must be properly boxed before they are returned.Its the customers responsibility to report any darnagesishortaces within 48 hours
of receiving ire product.Runyon will not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upod issuing a Merchandise Return Authorization(MRA),Runyon will instruct custoT"ors as 10 the best means of
retgmling merchandise Runyon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue a,MRA for returns on useo or damaged products.Any
fregnt related damage must be noted or the signed Bill of Lao:ng AT THE TIME OF DELIVERYThe purchase price at time of sa:e is final.
REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that(a)Seller has all necessary right,paver and authority to enter into and perform the transactions referenced herein:fb)Seller has gcod and marketable title to the
Equipment,and(c)on the Transfer Date,Seiler will convey the same to Buyer(save only fib'the Purc.nase money!eri,II ally,to be retained by Seller should Seller.at its sole option„elect to finance all or any portion of Ire-Purchase Price).Buyer
represent arid warrants that,()Bayer has all necessary right,power and authority to enter into and perform the transactions referenced herein;(u)Buver has selected and carefully inspected and examined the Eouip rant and found the same to be
acceptable to Buyer n all respects based or criteria establshed solely by Beyer and rot based on any recommendation by Serer,and(ill Buyer has received,carefully reviewed and is satisfied with all available tr/ring,instructions,operating ano
gser manuals,and other Jormalon(including al training required under applicable OSHA and/or ANSI Standards.if any)regarding:he proper and safe transportatior,use,maintenance,repair and storage of;he 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
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
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
Y
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
URFACe PREP RENTAL fr 5LIPPLY 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
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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
LARMEL•FISHER5•INDIANAPOLI5 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
3 9 7 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half(1 12)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to properly,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
3400 WEST 131ST STREET Con# 251272
CARMEL IN 46074
Loc 100
SSN PHONE DATE:, TIME
W (317) 733-2001 OUT 11/29/12 9: 19 AM MS
F (317) 733-2005
ID#3. P,0/JOB #: ,• `RECEIVEDj'BY
STAPLETON, NATHAN A RETURNED 11/30/12 2 :53 PM WH
***FINAL*** Page: 1
QTY. ITEM# E XT-'AMT NET AMT
MIN HOURLY.: OVNITE 8'-HOUR 'DAY WEEK 4 WEEK
1 0302-0000 POINT & CHISEL LARGE 8. 00 8 . 00
$8. 00/D 8. 00 8. 00 8:,00
1 8368-0009 HAMMER C DEMO SDS MAX TE-700._", gft 100 .00 100 . 00
$40. 00/4 50 . 00 50.,00 200:00 600 . 00
5'
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT). RENT 108.00
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 0.00
FULLY UNDERSTAND THOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY AND
THAT RUNYON SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY DW/FEES 5.40
OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X ,�I- 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 0.0 0
EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON SURFACE PREP RENTAL&SUPPLY
IMMEDIATELY. RUNYON SURFACE PREP RENTAL&SUPPLY IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OFTHIS EQUIPMENT.IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON SURFACE PREP RENTAL
&SUPPLY UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON SURFACE PREP RENTAL&SUPPLY IS TOTAL DUE 113.40
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. AMT BILLED 113.4 0
EQUIPMENT r.n c . CELL
LEASED BY X +m E PHONE 30-NOV-12 14 : 5 3 :5 6
RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR-CREDITS will be made on equipment malfunctions
- - - nnipck Rnnvnn Surtarp nrpn Rpntai R Rnnniv hac hppn nntifipd- We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1,Inspection.Customer acknowledgy,b.hat it has bad an oppoi tunity 10 personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its Proper;Ise.Customer further acknowledges its
duty to inspect the equipment prior to use and not 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 ass.lme the risks of and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment caused by the equipment and/of arising out of Runyon's negligence
Customer shall'.idemnify,and deferd Runyon against and hold Runyon hamless from any and all claims,actions,suits,proceedings.costs,expenses,damages and I!abiGlies including attorneys fees which(1}relate:o injury gr ro dastructlon of
prcperry,or bod.v injur;,.ilness,s!ckn,sP,disease or death of any person(including employees of Customer;,and(2)are caused by.or claimed to be caused in whole or ir;part,by file equipment!eased herein or by the liability or conduct(includ ng
active,Dassive.M i^'err or secondary;of Ci srome;,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,a',its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
w wt ch Run;.:,r s a rented party to which Runyon;is alleged to be liable or responsible as a result of or arising out of the equipment.or any alleged act or omission by Runyon.,and Customer shall be liable and responsible for all costs,expenses
and attorneys tees incurred in such defense andrr settlemert.Judgment or other resolution.In the event that such action is commenced naming Runyon as a party,Runyon r:ay elect to defend said action or its own behalf and Customer agrees
:hat shall hi,cabin far all costs,expenses and attorney's fees incurred by Runyon in such defense.
4.Rental Charges and Terms. Equipment with hour meters s aFdvved-fight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage curing this eight(8)hour shift. If Customer runs the equipment for over 8
hours In one:lay,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 hou,S runrmg time f,24 hours=-a 3-nay charge
5.Future Rentals.Customer acknovdeoges 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 the Agreement or at any time:n'he future(except only
as to any Equipment and;or othe•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:n an illegal manner:(b)Use when the equipment is in bad repair or is unsafe;1c)
mcroper,unintended use or misuse; di Use by anyone other than Customer or rs employees.without Runyon's written permission;(e)Use at any location other than the address furnished Runyon without Runyon's written permission.
7,Fuel and Oil Levels.A:!equipment is rill of fuel when rented to Custorrrer and must be returned to Runyon full or additional charges will apply.Also.use of alternative fuels(Biod:esel,E85.etc.)in Runyon ecuipmeri !s Prohibited.Customer is
!table for all damages and repairs that iesult rare-Alternative fue Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper nil revel in the equipments solely the responsibility of Customer.
8,Repossession,upon,a`a lure to pay rent or other oreach 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 shal riot be:table for any c:ar:s
for damage or r.ePpass arcing put of the icova:cf the galas
9.Tres Customer s ic'aliy resi)ons Uc ioi all fire iepar. It:s Cusomer's option to check over the tires be`:ore the equipment leaves and notify Runyon of any irregulanfies spotted.
10.insurance Runyon's rswa.ice noes not cover equpri while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyorn's property and ult l it rias been returned to Ruryor s property and
pavrre•it Etas I,e:.r.eceived.:QU PVEN`P;iµ ONLY BE RETURNED DURING NORMAL RuSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON S LOCATION OTHER TI-.AN NIORMA_B,:S1NESS HOURS REMAINS THE CUSTOMERS
RES"CtNS9lLI7Y.
11.Cleaning Charges. Fou'p^art-s to L=Ietumec to Runyon a;clear:as when it ref..A charge of sixty-five dollars($65.00)per hour will oe charged for cleanup.
12.Assignments,Subleases and loans of Equipment.Qun'yor-ay assign its rights inner ruts Agreement without Customers consent.bit will remain bound by a!i^bligat ons nerelr.C)st:;reel may not sublease o loan:he equipment v diffo it
fur cr's;:rift a.pe-mrsr,n.Ary purported ass!gnrl by Cu lcrfui is—lid
13.Time of Return, CcstoMe:'s hc"t t.,possessor to-minates on tie expiration of the yenta!potion("Due In"date 3 tire)and retent!ob of possessior after ttis time consti rtes a'Tiaterai b-eaar of rh:s Agree.me.rir.Ti-.re is c':he essenc,in tins
rye"'e'1i.Afy exte"s!or.must be mutually agreed upon in writing.
14.Late Return.Title to eou:prent is and shat;at all times remain vnih Runyor.Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(theft).
15.Time of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attnrr:ey's fees,court costs and
interest of cre and one naf if 1,2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen('8)percent Customer agrees trial this agreement is to be construed under the lairs of the State of
ind!aa and That rf regal action is brought f6 enforce this agreement.that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyor and Customer at a'later'rme
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.Iri consideration of tie payment of additional rent classified as"dar-rage waiver Dy Customer,Runyon agrees to,and hereby does,wave its right,cr any right it might have against Customer,arising from normal damage of the
rental proper°;,nor,tau damage to be determined by Runyor..Customer shall pay upon return of property rented a sum actual to 5`-s of rental charge.This"damage wave!'does not include damage or toss 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 equlpmen' use or operation of to e equipment exceeding its
rated saps,Ty,or damage to'ires,tubes and wheels caused by blowout,bruises,cuts.punctures or other causes inherent in the use of the equipment It is understood the amount pad is ne?an insurarce premlirr,and that this provision:does not
represent an insurance Policy or Pill agreement,c irsure.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 reps I vvii be paid for at its current list price plus the cost of rental up tg the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed Dy Runyor.,or,at Runyon's option,by otli at a
charge of sixty-five dollars(S65.00)per hour plus parts.
20.Severabiiity.The provisions of this Agreement shall pe severable so that the invalidity,unenforceability or waiver of any of the provisions snals,not affect the remaining provisions.
21.Loading and Unloading Equipment, Customer is responsible for loadho and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,C istomer agrees to assume the risk of and hold Runyon and;or its
employees narmlass for any property damage or personal injuries,inducing damage and personal injuries attributable to the negligence of Runyon
22.Property Damage. Runyon:s rot responsible for any damage whatsoever as a result of:on-the-job deliveries or pick-up by Runyon.
23.Fees,Licenses,Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of the equipment.
24.Charges.Customer shall pay all charges required undo!tins,Agreement upon demard.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
Bays and or nre.are actually used,
25.Other Liability,Customer assum<s all ris,s 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 P.the equipment,or elsewhere
In the ent.ng roc ation.Customer agrees not is hold Runycn Gable for damages from down*me,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents anc employees
harmless`front end against any and all losses,liabilities,damages,injuries,claims,costs and experses arising out of Customer's use or possession of the equipment.!ncud!ng,bat not limited to any and a:i fines,penalties and fodehures imposed by
any gover:menia:erity,and,to the extent-lot covered by insurance.any c!a:ms or liabilities to third parties arsing out of the abandonment,conversion,concealment or anauthonzec sale of the equipment by Customer.or its agents or employees,
or or the confiscar!on of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,inability and expense in excess of the I:mits of liabiliiy provides for harem as a
:-suit of injury,ueal or properly damage a isinc out of Customer's use of the equipment.Neither Customer nor any other user of file equipment shall be deemed the agent,servant or entp oyee of Runyon for any reason or ary purpose. During
the ten,of this Agreement,Customer asaurnes full responsibility for lire equipment to the public and any regulatory body having jurisdiction.
26.Delivery.!Pick Up.DeCvery is made to closest point true!can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does ro;!ne:ude set up and knock del+m.of tables and chars.
if in!s service is required,arrangements Should he made several days prior to de'rvery i th a special charge quoted If no arrangements are made and this service is desired on delivery,our di ven must call for authorzabon.!f time permits,we will
fry to accommodate you after quoting ti-e price.Or,pick up where no prior arrangements have been made and rental items are not knocked dorm and assembled in one sheltered area.tabies and chairs vvill be'eft until tie next day when a speclai
crew can be scheduled.Thee grill be an additional one day rental A.knock down fee wdf result if rental:ems are still up.
27.Waiver of Jury Trial.Each party.valves's ngh;to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof,Tf Is waiver penains to ail disputes tnal may elate o the subject matter hereof
including.without amitatior..contact tart,breach of duty.and all other common law and statutory claims,and will not be subject to any exceptions.Eacb party(A)understands that this is a waiver of important legal:ngris and(B)acknowledges that
hasher has hud a reasonable epporiurity to c!scuss the v:giver and its effects vrih legal ccursel Accordingly,each parry knowingly,vo;untariiy,irrevocably and unconditionally waives its Jury trial rights
28.Tickets,Fines and Penalties.You ag ee to fully and promptly,pay all fines,benaliies.parking tickets,traffic tickets,tolls;court costs,attorneys'fees and other charges assessed during the Term in connection with ire use.parking,siorage,and'
or possession of the Equipmi regardless of the identify of the driver of any vehicle You rent from Us.
29.Trailers and Towing The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to torn
any varier renteo fflom LESSOR DEALER:a)in a careless or negligent manner,(b}at excessive speed or(r.1 whne under the influence of medication,alcohol.or illicit drugs.
30,Headings. !rL t endings used heom are so:~;y for convenient reference and shall not be used to construe or affect the interpretation of taus Agreement
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are a:so governed by the partes'Equipment Purchase Agreement.If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent.than 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'WA?RANTIES.INCLUDING,WITHOUT LIMITATION,THE IMPLIED
4'A RANTIES OF MERCHANTABILITY AND F TNESS FOR.A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON SURFACE PREP SUPPLY L.0 OR AFFILIATED COMPANIES WILL NOT BE
_IAB_E OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTAL DAMAGES ARISING OUT OF OR RELATEDTO THE SALE OFTHIS EQuIPMENTTO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
_`N DER`HEOR.ES OF THE_AW OF CONTRACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for al:shipping costs what,,returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This poilov also applies to warranty returns.As
stated 4'the Runyor"Return Policy."when customers return an from or items for credit,a 25`b restocking fee will be charged to your account,plus all applicable:°:bound and outbound freight.This policy also applies to shipments refused and returned.
All canceilavors of whole goons are subject to a 251,o(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
,ederved in conditions other than brand new will be charged 5:0%restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the customers responsibility to report any danragesisho"aces within 48 hours
of receiving tare product.Runyon traili rot accept claims 48 hours after delivery.Runyon will riot accept returns w'!tltout authorization.Upon issuing a Mercnandise Return Authorization(MRA),Runyon will instruct customers as to the best means of
atorrirg merchandise.Runyon's MRAs are valid for 30 days after issuance,btRAS are not valid after the 30 day time limit expi res,Runyon will absolu?ely net,under any circumstances,issue alb MRA for returns on used or damaged products,Any
freight related damage must be noted or the signed Bi:!of Lading AT THE TIME OF DEL�VERY.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 hetem:(b)Seller has good and marketable title to the
Equiptir,;art,,(c)on the Transfer Date,Se!'er will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seaer at its sole option,elect to finance all or any portion of fie Purchase Price').Buyer
represents and warrants that:(,)Buyer has all necessary right,power and authority to enter into and perform the transactors referenced herein;(ii)Buyer has selected and carefully inspected an,,examined the Ecuip!nerr and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller,and(ill Buyer has received,carefully reviewed and is sat!sf:ed sr.ih.all available trairlrg,instructions,operating and
user manuals,and other information(including alt training required under applicable OSHA andior ANSI Standards.if any)regarding the proper and safe tracspataion,use,maintenance.repair and storage of the Equipment.
In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
R!1 NYO N have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
A'�A property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the properly 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
UV-FA(-f,PREP RENTAL fir SUPPLY of the Equipment,use or operation of the Equipment exceeding its rated capa*,,or damage to tires,tubes and wheels caused by blowout,bruises,alts,punctures or
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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 ad(nowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
CAWMEL•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 tem s and conditions of this agreement,the Renter may collect damages together With reasonable attorney
fees,court costs and interest of one and one hat(1 12)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonsurfaceprep.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm•Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm
RENTED:TO JOB LOCATION `- TICKET"'#
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 251167
CARMEL IN 46074
Loc 100
:.
M.;.
N :,: ;,, :P,HONE "-...'.:�..;:;;. '-• ..° DA TE ,"•„ .. ;.TIME •.,
W (317) 733-2001 OUT 11/28/12 8 :44 AM WH
F (317) 733-2005
ID#3 PO/JOB`.#..:;..` : .; ; .'. :.;. - RECEIVED BY
STAPLETON, NATHAN A R TURNED 11/28/12 3 :32 PM WH
-,,.
. -=1 r__ Page: 1
'ITEM#.., EXT`AMT-. NET:AMT
MIN:: ;:HOURLY OVNITE. _ 8-HOUR DAY WEEK . 'r4 WEEK
1 8368-0004 HAMMER C DEMO SDS MAX TE-705 50 . 00 50.00
$40 . 00/4 50 . 00 50 . 00 2.00 0 0 .::i ,,600. 00
1 0302-0000 POINT & CHISEL LARGE ?:=•. 8 . 00 8. 00
$8 . 00/D 8 . 00 -8 :0`0 8":00
IFTHE EWPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT). RENT 58.0 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 2 . 90
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 60. 90
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. AMT BILLED 60. 9 0
EQUIPMENT CELL
LEASED BY X + �' PHONE
28-NOV-12 15:32 :53
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 ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
unless Runvon Surface Pren Rental&Sunniv has been notified- We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.inspection.Custcmer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition.,and that Customer understands its proper use.Customer further acknowledges its
duty to aspect the equipment prior to use and notify Runyon Surface Prep Supply LLC (hoeinafter"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,OR THAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees tp assume the risks of.and hind Runyon harmless for,property damage and personal injuries,including death and dismemberment caused by the equipment and'or arising out of Runyonss negligence.
Customer snap indemnify and defend Runycr against and hold Riin}nn harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attomeys fees which'I)relate to injury or to destruction of
property,or booty injury,illness,sickness,disease or death of any person(inducing employees of Customer),and(2)are caused by,Or claimed to be caused,in whole of in part,by the equipment!eased herein:or by the liability or conduct(including
act ve,Passivu.on^tary 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
•,vlh:0 Runyon is a named party for whbh Runvor 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 aft costs,expenses
and at'•crney's`pas incurred in such defense and/or se,Vemert,judgment or other resolution In the event that such action is commenced naming Runyon as a party,Runyon^ray elect to defend said action on its own behalf and Customer agrees
that it shall be iabie for all costs,expenses are attorney's fees incurred by Runyon in such defense.
4.Rental Charges and Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour sh`t. If Customer mans the equipment for over 6
!cuts in one day,Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time In 24 hours=a 2-day charge 24 hairs running time'n 24 hours=a 3-day charge.
5.Future Rentals.Customer acknowledges that the tot ms of this Agreement will be deemed to apply to ail Equipment Customer may rent or purchase from Runyon.whether on the date of this Agreement cir at any time in the future(except only
as to any Equipment andor other items with respect to which Customer executes a new Agreement).
6.Prohibited Uses. Use of the equipment it the following circumstances is prohibted and constitutes a breach of this Agreement.(a)Use'or illegal purpose or in an illegal manner.(b)Use when the equipment is in bad repair or is insets;,c)
Improper,unintended use or misuse;(d)Use by anyone other'han Customer or its employees,without Runyonss written permission;(e)Use at any location other than the address furnished Runyon without Runvon's written permission.
7.Fuel and Oil Levels.Al equipment is full of fuel when rented m Customer and must be returned to Runyon full or additional charges will apply.Also.use of alternative fuels(Biodiesel,E85,etc)in Runyon equipment is prohibited.Customer is
:table for all damages and repairs that result from a.'ternarve fuel Runyon checks the oil level in the equipment when it is rented tw Customer. Maintenance of proper oil level in the equipment s solely t�s responsibility of Customer.
8.Repossession.Upon a failure to pay rent or other preach of this contract,Dealer may terminate this contract and take possession of ant.remove the goods from wherever they are,and Dealer and his agents shall not be:table for any claims
'or damage or trespass arising out of the iemova of the goods.
9.Tires. Customers totally responsible for all tire repair It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any inegulanhes spotted.
10.Insurance. +uny":n's surance does not cover equipment while in Customer's possession. Customer is responsible for Insuring the equipment once it leaves Ruhyon's property and unt l tit has been returned to Runyonss property and
oavrit ,as to-n e eived EQUIPMENT Id AV ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON"S LOCATION OTHER T AN NORMA',B:;S'NESS HOURS RE.MKNS THEUS` HERS
RESPONSIRIL
11,Cleaning Charges. Elu pcteta 1-tc be re'umeo to Runyon as clean as when it leh, A charge of sixty-five dollars(565.00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by al obligat ohs oere�n.C,is om;u may not sublease o,mart;ha eaurpmert wIttn,rt
?.iryor's::rL;cr:pemus.on .Any pr,ipared assignment py Cust^,men is:did
13.Time of Return. Custbme�s rg:it to possess.on terminates on the expiration of the rental period("Due ln"date&nme)and retention of possession tier this time constitutes a material breach of ni s Agreement Trine is'the esserc fi this
Agree"e.'.l,Arty extension:must be mutually agreed upon in writing.
14.Late Return.T file to equipo'.eht is and steal:at all times re-4r.with Runyon.Failure to return the equipment by the"Due In'date will;subject Customer to a charge of conversion(theft).
15.Time of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and
merest of ere alto one half(1 1,z)person'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 artier the laws of the State of
Indiana and that rf egal action is broughi to enforce this agreement,that Hamilton County,Indiana.shall be the jurisdiction and legal venue for said action.unless otherwise agreed by Runyon and Customer at a later time.
17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18.Damage Waiver.L;consideration of ti to payment of additional rent classified as"darrrage waiver"by Customer,Runyon agrees to,and hereby does,waive its right.or any right it might have against Customer,arising from normal damage of the
rental properh•,nett:damage to be determined by Runyon.Custcmer 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:he property as a result of the negligence
of Customer of of the case of abusive damage theft or other gross negligence of Customer.This damage waiver snall not apply to reckless.careless or abusive operatioi or use of the equipment.use or ope•ation of the equipment exceeding its
rated cauacay.;r damage to tires,tubes and ivhgels caused by blowout,bru:ses,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is nor an insurance p,emium,and that this provision does not
�ecresew an insurance policy or an agreement to insure.No damage waiver license,sales or use taxes 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 Runion's possession..Eqa pme-It lost,stolen or damaged
beyond repair:vii:be paid for at its currant list price plus the cost^,t rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether pe ormed by Runyon,or,at Ru>tyon's option,by others at a
charge of nxty-five dollars(S65 ea)per hour plus parts
20.Severability.-he provisions of this Agreement shall be severable so that the invalidity,unenforceability or waiver of any of the provisions stall not affect the remaining provisions.
21,Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyons employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon andtor its
employees oah less for any property damage or personal'njunes,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage. Runyon is not responsible for any carnage whatsoever as a result of on-the-job deliveries of pick-up by Runyon.
23.Fees,Licenses,Permfts,Taxes and Fines. Custcmer shall be sole".y responsible for payment of any fees.licenses,permits taxes or tines,required by or resulting from the Customer's use or operation of the equipment.
24.Charges. Customer shall pay 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 andtor mi es ore actually used.
25.Other Liability.Customer assumes all r,sas from the improper use of the equipment Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment,or elsewhere
in toe renting:ocatiun.Customer agrees net tp•told Runyon I'abie for damages from down tine,materials or other consequential damages resulting from the use of the equipment Customer releases and holds Runyon,its agents and employees
harmless`rorc and ace:rist any acrd all losses,liabilities,damages,injuries,claims.costs and expenses arising out of Customer's use or possession of the equipment.including.but not limited to any and all fines,penalties and forfeitures imposed by
any gove nmenta'entity.and,to the extort 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 tine equipment by any governmental auihoi ity because of illegal or improper use Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the friths of Iiai;/Pty provided for herein as a
es! of injury,death or property damage arising out of Customers use of the equipment. Neither Customer nor any other user of the equipment shall pa deemed the agent,servant or employee of Runyon for any reason Or any purpose Dunnq_
the term of iris Agreement,Customer assumes full responsictlity'or the equipment to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delhvery is made to closest oint truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service doss no;irci:-de set up and kripck down of tables and chairs.
If this service is required.arrangements should be made several days prior to delivery mth a special charge quoted.If no arrangements are made and this service is desired on delivery,our duvet must call for authorization.If time permits,we will
try to accommodate you after quiwing the price On pick up when no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,teoles and chars w.:1 ne!eft limit the next day when a special
crew an be schedl d.There wil be an nddnional one day rental.A knock down`ee will result if rental items are still up.
27.Waiver of Jury Trial.Each party waives is I to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to ar dispun:s that may retail)to the subject matter hereof.
❑:clueing.wrboul�rnhatiori.contract fort,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:va tier of mpo,mm legal nithts and(Bi acknowledges that
hefshe,'8 has had a reasonable opportur; to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its jury trial rights.
28.Tickets,Fines and Penalties.You agree to fi ly and promptly pay all fines.penalties.parking tlCKetS,traffic tickets.tolls,court costs,allorneys'fees and other charges assessed during the Ternr in ronrechon with thr,use,parking.storage,ands
or possession of the Equipment.regardless of the rdentity of the driver of any vehicle You rent from Us.
29.Trailers and Towing.The customer is responsible for inspecnnq and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and fights it a safe and secure condition while in their possession,Customer agrees not to taw
:ay t are rnted'rc^'ESSOR;CFA!ER(a)in a careless ur negiicuei i manner,(bi at excessive speed or!c)::nde order the influence of medication,alcohol.or illicit drugs.
30.Headings.The i;epd:^.gs used herein are sp e:y'Or COf vftiie It reference and shall not be used to construe or affect the rrieroretauon of Iris Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties'Equipment Purchase Agreement, if the Equipment Purchase and me 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 MPLED
WARRANTIES OF':IERCHANTABIIJTY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SA!E OF THIS EQUIPMENT.RUNYON SURFACE PREP SUPPLY LLC OR AFFILIATED COMPANIES WILL NOT BE
_AB-_E OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELAT EDTOTHE SALE OFTHIS EQUIPMENTTO CUSTOMER.REGARDLESS OF WHETHER SUCH DAMAGES ARISE
JNDER TH-0 ES OF THE AW OF CGN1 PACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS:Tire customer is;fable for ail shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also a.q.1 as to warranty returns.As
stated o the Runyan"Return Policy,when customers return an item or items for credit,a 25%restocking fee will be charged fit 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`0:`of total invoiced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.All parts purchases are non refundable.Any shipment
received In conditions corer than brand new will be charged 50%restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's responsibility to report any damages/shorfages within 48 hours
of receiving the product.Runyon wilt not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyan will instruct customers as tc the best means of
returning merrhand'se Runyonss MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day fine limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on eased or damaged products.Any
freight related damage must be rated on the signed B::I of Lading AT THE TIME OF DELIVERYThe purchase,trice at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seiler represents and warrants that(a;Seller has all necessary nght,power and authority to enter into and perform the transactions referenced herein:to)Sprier has good and marketable title to the
Egmpmert.and fc)on the Trarsfer Date,Seiler will convey the same to Buyer isave only for the purchase money ion,if any to be retained by Seiler should Seiler,at its sole option.,elect to finance all or any portion of the Purchase Price).Buyer
represents and werranis that.(i)Buyer has all necessary right.power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined*,he Equipment and found the same to be
acceptable to Buyer in all respects based or criteria established solely by Buyer and not based on any recommendation by Seller;and(hi)Buyer has received,carefully reviewed and is satisfied::eh,all available trainirg,instructions,Operating and
user manuels,and other information finc,uding all training required anger applicable OSHA andr'or ANS'Standards.if any)regarding the proper and safe transportation,use,maintenance repair and storage Of the Equipment.
VOUCHER NO. WARRANT NO.
ALLOWED 20
Runyon Equipment Rental
IN SUM OF $
410 W. Carmel Drive
Carmel, IN 46032
$2,354.28
ON ACCOUNT OF APPROPRIATION FOR
Carmel Street Department
PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members
2201 43-530.99 $2,028.42 1 hereby certify that the attached invoice(s), or
2201 42-370.00 $325.86 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
Friday;Jan ary'04 2013
Street Commissioner
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))
01/04/13 $2,028.42
01/04/13 $325.86
1 hereby certify that the attached invoice(s), or bill(s), is (are)true and correct and I have audited same in accordance
with IC 5-11-10-1.6
20
Clerk-Treasurer