Terms of Rental

Sunstate Equipment Co., LLC (“Sunstate”) hereby rents the Equipment to Customer for the period commencing when the Equipment leaves Sunstate’s premises or is delivered to customer and ending upon its return to Sunstate’s premises, or picked up by Sunstate subject to charge for minimum rental period. Sunstate may terminate rental at any time by written notice to Customer and/or by retaking the Equipment. While in Customer’s possession, no rental allowance will be made for Sundays, holidays, or time in transit, nor for any period of time the Equipment is not actually in use.

Any disputed invoices must be brought to the attention of Sunstate within fifteen (15) days of receipt of the invoices, or the invoices/contracts are deemed correct and undisputed. At Sunstate’s discretion, any account with a delinquent balance may be placed on a Hold basis, deposits may be required and/or the rental equipment picked up without notice. Customer agrees that if Sunstate refers this Agreement to an agency or attorney for enforcement, Customer will pay Sunstate’s reasonable agency’s and attorney’s fees and costs, including lien preparations costs, incurred for the enforcement hereof, whether or not a lawsuit is filed.

Customer authorizes Sunstate to make whatever credit inquiries it deems necessary in connection with this Agreement. Bank and trade reference(s) can accept this authorization to disclose to Sunstate and/or their respective designees (and any assignee or potential assignee thereof), Customer information normally released to a prospective creditor including: length of time account has been active, average monthly balances, payment trends, and details of any lending relationship. Customer represents and warrants that customer is not a “Consumer” as defined in the Federal Consumer Credit Protection Act, or any acts there under, and they waive any rights granted to them under those acts, their successors, or under other   Federal or State Laws pertaining to “Consumer’” rights. Customer further represents and warrants that all rentals or purchases made or any credit extended hereunder will be used solely for business and commercial purposes.

The individual who is either a principal of the credit applicant or a sole proprietorship of the credit applicant, recognizing that his or her individual credit history may be a factor in the evaluation of the credit history of the applicant, hereby consents to and authorizes the use of a consumer credit report on the applicant by Sunstate, from time to time as may be needed, in the credit evaluation process.

Rental rates are for normal and reasonable use of Equipment not exceeding 8 hours per day, five days per week (one-shift basis). Excess usage rates are prorated: 2 shifts charged at 1 1/2 times normal rate, 3 shifts charged at 2 times normal rate.

CUSTOMER ACCEPTS THE EQUIPMENT ON AN “AS-IS, WHERE-IS” BASIS, WITH ALL FAULTS, AND WITHOUT ANY RECOURSE AGAINST SUNSTATE. By accepting delivery, Customer acknowledges that the Equipment is in good working and secure condition, including all devices and materials needed to use the Customer shall not abuse, harm, or improperly operate the Equipment, and shall possess and operate it in conformance with all applicable laws and regulations. Customer shall be solely responsible for the operation of the Equipment, and allow only licensed, trained, and experienced operators to operate the Equipment in accordance with all Equipment specifications and customary safety practices.

In the event of failure of the Equipment, Customer shall immediately notify Sunstate and/or return it to Sunstate’s premises at Customer’s expense. Without Sunstate’s written authorization, Customer shall not incur any expenses for Sunstate for the repair of the Equipment.

Customer acknowledges that repair and replacement of tires or tracks are not included in the rental rate and agrees to pay for the repair or replacement of any tires returned to Sunstate in a damaged condition, regardless of the cause of damage, reasonable wear and tear excepted.

Customer shall return all of the Equipment to Sunstate’s premises during Sunstate’s regular business hours, in the condition and repair as when delivered to Customer, subject only to reasonable wear and tear. Customer shall be liable for all damages to or loss of the Equipment occurring because it was not returned within Sunstate’s regular business hours. If Sunstate has agreed to deliver the Equipment to Customer or to pick up the Equipment from Customer, Customer shall be responsible for all loss or damage to the Equipment or any third party from time of delivery to Customer and until picked up by Sunstate.  The Equipment is considered to be in the possession of Customer until Sunstate regains physical possession.

Customer represents and warrants that it shall return all Equipment, including any and all attachments, tools and machinery rented from Sunstate free of all regulated substances including, but not limited to, hazardous substances, hazardous materials, hazardous wastes, toxic substances, or pesticides, as those terms are defined in applicable federal, state, and local environmental laws, regulations, and rules. Customer shall indemnify and hold Sunstate harmless from and against any and all liabilities, of whatsoever kind or nature, imposed on, incurred by, or served against Sunstate in any way relating to Customer’s breach of the above warranty.

Customer is responsible for all damage, loss, or theft of Equipment up to the fair market value or cost of repair, and rental on the Equipment at the regular rental rate until repairs are completed. Sunstate shall be under no obligation to commence repair work until Customer has paid all amounts owed. Reasonable wear and tear shall mean the normal deterioration caused by ordinary and reasonable use on a one-shift (eight hours per day, five days per week) basis. The following shall not be deemed reasonable wear and tear: damage from lack of lubrication or maintenance such as water and air pressures, damage from collision, overturning, or improper operation, including over-loading or exceeding the rated capacity of the Equipment; damage in the nature of dents, bending, tearing, staining, and misalignment to the Equipment; and wear resulting from use in excess of a one-shift basis.

SUNSTATE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT’S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Customer’s sole remedy for any failure of or defect in the Equipment shall be the termination of the rental charges at the time of failure, provided Sunstate is notified immediately and the Equipment is returned to Sunstate within 24 hours or Sunstate is requested to perform the return. SUNSTATE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY TO CUSTOMER AND CUSTOMER’S PROPERTY, INCLUDING LOST PROFITS, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, IN ANY WAY CONNECTED WITH THE OPERATION OF, USE OF, DEFECT IN, OR FAILURE OF EQUIPMENT.

SUNSTATE’S LIABILITY, IF ANY, SHALL BE LIMITED TO THE TOTAL RENTAL AMOUNTS PAID UNDER THIS AGREEMENT.

Sunstate does not provide, extend, or afford any insurance coverage to Customer, authorized operator(s) or passengers. If there is other valid and collectible automobile liability protection or insurance on any basis available to Customer or any other person and such protection satisfies the financial responsibility laws, then no liability protection is afforded by Sunstate. However, if Customer is in compliance with the terms and conditions of this agreement, and if Sunstate is determined by law to provide liability protection, such liability protection shall be limited to the minimum financial responsibility limits of the state in which the vehicle is operated.

CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS SUNSTATE AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AND AFFILIATES (“SUNSTATE GROUP”) FROM ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES, AND EXPENSES OF EVERY KIND AND NATURE, INCLUDING LEGAL COSTS , FOR SICKNESS, INJURY TO, OR DEATH OF, AND TO LOSS OF OR DAMAGE TO REAL OR PERSONAL PROPERTY OF, ANY EMPLOYEE, REPRESENTATIVE, AGENT, OFFICER, DIRECTOR, MEMBER, SHAREHOLDER, OR GUEST OF CUSTOMER  OR ITS AFFILIATES, CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS (“CUSTOMER GROUP”) OR ANY THIRD PARTY  ARISING OUT OF CUSTOMER GROUP’S POSSESSION, USE, MAINTENANCE, OR RETURN OF THE THIS INDEMNITY SHALL BE WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE(S) THEREOF, INCLUDING WITHOUT LIMITATION, THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, COMPARATIVE, CONTRIBUTORY, ACTIVE, OR PASSIVE), STRICT LIABILITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, VIOLATION OF STATUTE, OR OTHER FAULT OF ANY MEMBER OF SUNSTATE GROUP, AND WHETHER OR NOT CAUSED BY A PRE-EXISTING OR DEFECTIVE CONDITION OF SUNSTATE’S EQUIPMENT.

IN THE EVENT APPLICABLE STATE LAW FORBIDS CUSTOMER FROM INDEMNIFYING SUNSTATE FOR ANY ACTS OR OMISSIONS OF SUNSTATE, THE FOREGOING PROVISION IS DEEMED TO BE REPLACED BY THE FOLLOWING:  CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS SUNSTATE GROUP FROM ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES, AND EXPENSES OF EVERY KIND AND NATURE, INCLUDING LEGAL COSTS, FOR SICKNESS, INJURY TO, OR DEATH OF,  AND TO LOSS OF OR DAMAGE TO REAL OR PERSONAL PROPERTY OF ANY PERSON OR ENTITY ARISING OUT OF CUSTOMER GROUP’S POSSESSION, USE, MAINTENANCE, OR RETURN OF THE EQUIPMENT, EXCEPT TO THE EXTENT SAME IS CAUSED BY ANY ACTS OR OMISSIONS OF SUNSTATE.

Customer shall notify Sunstate immediately if the Equipment is involved in, or a part of, an accident, and shall furnish Sunstate with a complete report of any accident involving Equipment including names and addresses of all persons involved and all witnesses. Customer is responsible for all damage, injuries or loss arising from any accident or act of any and every nature whatsoever, relating to the possession or use of the rented Equipment, including, but not limited to, any damage caused by the failure of any device or material used in hitching the Equipment to a towing vehicle, regardless of whom furnished and regardless of who shall hitch the Equipment.

In the event any covenant in this Section 12 is deemed to be unreasonable, arbitrary, unenforceable, or against public policy, such covenant will be considered to be divisible with respect to the scope of Customer’s indemnification obligations, and such lesser scope, as a court of competent jurisdiction may determine to be reasonable, not arbitrary, and not against public policy, will be effective, binding, and enforceable.

Customer releases and discharges Sunstate from any and all liability or damages (including consequential and special damages) which might be caused by Sunstate’s failure or inability to deliver any Equipment by any specified date or time.

(“CPP”). The CPP IS NOT Customers who purchase the CPP, however, can limit their responsibility for damage or theft of the Equipment during the rental period. The CPP limits the Customers exposure to a $500 deductible per item. Exclusions from protection under the CPP include: A) Tires or track damage. B) Damage from abuse or misuse of equipment, C) Failure of Customer to use its best efforts to secure and protect the Equipment while it is in customer’s possession. Best efforts to secure and protect include fences, locked storage containers or buildings, security guards, tire boots, hitch locks, chains and padlocks, etc., and D) Failure to file a police report within 48 hours for Equipment thefts.

Customer shall maintain Commercial General Liability insurance covering all operations and contractual obligations (including the indemnity obligation set forth in Section 12 above) with minimum limits of $1,000,000 per occurrence and shall name Sunstate Group as additional insureds thereon with a waiver of subrogation against Sunstate Group. Customer’s insurance shall be primary insurance as to any insurance carried by any member of Sunstate Group.

Customer shall maintain Commercial Automobile Liability Insurance with limits of at least $1,000,000 per occurrence and shall include coverage for hired and non-owned vehicle liability and physical damage when renting a licensed, registered (over the road) vehicle. Customer’s insurance shall be primary and shall include a waiver of subrogation against Sunstate Group.

Customer will be charged for the CPP unless Customer provides evidence of insurance for rented Equipment, with the per item limit specified, and naming Sunstate as loss payee. Customer shall provide a certificate of insurance to Sunstate evidencing above insurance coverages and specifying that coverage will not be cancelled without 30 days prior written notice to Sunstate.

No item of rented Equipment shall be sublet, assigned, re-rented, loaned, or removed from the location at which Customer represented it was intended to be used, or removed from the State of Sunstate’s premises, except by written consent of Sunstate. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their heirs, successors and assigns.

If the Equipment is not returned at the termination of the rental or for any reason it becomes necessary for the Sunstate to retake the Equipment to protect the Equipment or Sunstate from loss or damage, Sunstate and its agents may go upon Customer’s property and retake the Equipment, without notice and legal process, and Customer waives all rights to a prior judicial hearing. Sunstate and its agents may take all action reasonably necessary to retake the Equipment and Customer waives for himself, agents, and employees all claims for damages and losses, physical and pecuniary, caused by retaking by the Sunstate. Customer agrees to pay all costs and expenses incurred by Sunstate in retaking the Equipment.

As Sunstate has no control over the use of the Equipment by Customer, Customer agrees at its sole expense to comply with all laws and regulations, including Occupational Safety and Health Administration Act of 1970 (OSHA) and all other Federal, State and Local laws, regulations, and ordinances, which may affect the Equipment, or the operation thereof, while it is in the possession of Customer. Customer shall indemnify and hold Sunstate harmless from any liability or expense, including attorney fees, resulting from any actual or asserted violations of such laws, regulations and ordinances.

Customer shall pay Sunstate’s reasonable legal fees and court costs incurred in enforcing the terms and conditions hereof. Customer agrees that this agreement is to be construed under the laws of the State of Arizona, and that if legal action is brought to enforce this agreement, that Maricopa County, Arizona, shall be the jurisdiction and legal venue for said action, provided that Sunstate reserves and Customer agrees to Sunstate’s right to bring legal action in whatever jurisdiction from which the Equipment was rented, whose laws, at the option of Sunstate, shall govern this Agreement. CUSTOMER WAIVES THE RIGHT TO A JURY TRIAL OF ANY OR ALL CLAIMS OR DISPUTES WHICH MAY ARISE FROM THIS AGREEMENT.

Customer shall reimburse Sunstate for any additional fees, charges, or taxes sought to be imposed against Sunstate by any municipal or local subdivision relating to the rental or use of the Equipment by Customer as provided herein. Additional fees, such as estimated personal property tax and environmental reimbursement fees may apply. These fees are subject to change at any time.

Any individual signing this Rental Agreement represents and warrants that they are of legal age and have the authority and power to sign this agreement for the Customer.

This Agreement constitutes the full and entire agreement with respect to the subject matter thereof.  It may not be amended except by a written agreement signed by both parties.