GENERAL DISCLAIMER: WIRED EQUIPMENT INC. MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTIES EXPRESSED OR IMPLIED. THE TERMS AND CONDITIONS ON THIS RENTAL CONTRACT FORM THE SOLE AGREEMENT BETWEEN CUSTOMER AND WIRED EQUIPMENT INC.

Wired Equipment Inc. will provide Customer the tools and equipment (collectively, “Equipment”) described on the invoice and in accordance with the terms set forth in this Agreement. Wired Equipment Inc. will provide the Equipment “as is” and in good working condition during the rental period (the “Rental Period”) and according to the initial rental price identified on the invoice (“Rental Price.”)

CUSTOMER ASSUMES FULL RESPONSIBILITY for all Equipment, including their safe and proper use, operation, routine maintenance, storage, transportation and return to WIRED EQUIPMENT INC. Customer is responsible for all loss, damage or repair including but not limited to tracks and tires.

DAMAGE PROTECTION. Damage Protection is an optional service offered by Wired Equipment Inc. that, if selected, modifies this agreement to relieve Customer of repair charges, replacement charges or Administrative Charges if the Equipment is damaged during normal use during the Rental Period. Customer must accept or decline the Damage Protection. In the event Customer elects for Damage Protection service: (i) the charge for Damage Protection is 20% of the Rental Price and will appear as a separate line-item on the invoice; and (ii) Damage Protection does not cover loss of or damage to Equipment caused by anything other than normal use, including damage caused by theft, abuse, misuse, neglect or intentional acts. Customer expressly acknowledges and agrees that Customer will be responsible for all loss or damage caused by anything other than normal use of Equipment. Damage Protection is not insurance and Wired Equipment Inc. may make a profit on the Damage Protection service. If Customer does not elect to purchase Damage Protection service, Customer Agrees that Equipment repair costs will not exceed the fair market value of the Equipment and repair costs will be charged to the payment method used at time of rental. All maintenance and repairs will be performed at the discretion of Wired Equipment Inc.

CUSTOMER HERBY AGREES THAT RENTER IS NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY WIRED EQUIPMENT INC. OTHER THAN WHAT IS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. Should Wired Equipment Inc. fail to meet any of its obligations under this Agreement, Customer’s only remedy is rental charge adjustments at the discretion of Wired Equipment Inc.

CONSENT TO COMMUNICATION VIA TEXTING AND EMAIL. Customer acknowledges consent to receive updates about Equipment transactions via text messages and email.

By accepting delivery of Equipment, Customer agrees to all terms and conditions of this Agreement and any attached documents.

SAFETY:

• I have been thoroughly briefed and understand the safe and proper use of all of the equipment included in this rental agreement.
• I have received or reviewed the EQUIPMENT OPERATOR’S MANUALS and safety instructions on all the equipment included in this rental agreement.
• I will follow the directions of the OPERATOR’S MANUALS and safety instructions before operating the equipment.
• I will check oil, coolant and hydraulic fluid levels daily before use of equipment that has such maintenance requirements.
• I understand that I am responsible for returning the Equipment with the same level of fuel as received. There will be additional fees for fuel levels lower than that when equipment was delivered.
• The Equipment may be equipped with telematics devices that enable Wired Equipment Inc. or its fleet management provider to monitor its use and location. The telematics devices are used to collect the Equipment’s location, fuel consumption, mileage, engine hours and system status information. Wired Equipment Inc. may use the information for various purposes, including, but not limited to (i) locating lost or stolen Equipment; (ii) analyzing and improving the rental program; (iii) enforcing the terms of this Agreement; or (iv) providing Customer with support, assistance or services.

RETURN OF EQUIPMENT: Customer agrees to return all Equipment to the renting location during regular business hours in the same condition and repair as when delivered. Customer agrees that if maintenance issues prevent normal and safe operation of the Equipment Customer will immediately cease using Equipment in order to avoid or minimize mechanical damage. All loss or damage to the Equipment is Customer’s responsibility while in the possession of Customer or while in transit unless WIRED EQUIPMENT INC. or its agent is transporting the Equipment.

RETAKING OF EQUIPMENT: If Customer fails to return all Equipment by the date specified on the invoice, to pay within terms or to provide adequate protection from loss or damage as determined by WIRED EQUIPMENT INC., Customer agrees that WIRED EQUIPMENT INC. or its agents may take all reasonably necessary actions to take possession of said Equipment without prior notice or legal process.

Customer assumes full responsibility for any damage or loss, physical or monetary, caused by retaking Equipment and agrees to pay all costs and expenses incurred to affect the action.

ATTORNEY’S FEES: Customer agrees to pay all reasonable attorney’s fees and court costs incurred by WIRED EQUIPMENT INC. in the course of enforcing this agreement.

CLEANING CHARGES: Customer will incur a clean-up charge of at least $50.00 if Equipment is returned muddy or have excessive build-up or foreign debris.

TRAILERS: WIRED EQUIPMENT INC. assumes no responsibility for the load, Customer-provided trailer or tow vehicle while Equipment in Customer possession. Customer assumes all risk related to properly rated trailers, hitching, binding, loading and unloading of Equipment.

PAYMENT OF RENTAL: Rental rates are disclosed at time of authorization of this agreement and payment for the agreed term is due 100% in advance before Customer may take possession of Equipment. Rental fees will not be considered upfront or accrued payment for sale of the Equipment.

WEATHER: Equipment will not be delivered during weather conditions that create hazards for personnel or Equipment. Prearranged delivery that is forced to be postponed due to inclement weather will result a refund to Customer. Prearranged return that is forced to be postponed due to inclement weather will not result in extensions of the Rental Period of this agreement. WIRED EQUIPMENT INC. will do it’s best to work with Customer in the event of poor weather conditions.

USE: Customer agrees that Equipment is rented for the exclusive use of Customer at the specified job or delivery location and that no Equipment shall be sublet, assigned or removed from the location at which it was represented to be used, except with explicit written permission from WIRED EQUIPMENT INC. Customer agrees that tracked or wheeled Equipment not specifically designed for legal on-road use shall not be operated on public roads. Customer agrees that Equipment has been provided in good working order without defects and is suitable for Customer’s intended use. Customer will: (I) use the Equipment for its customary purpose, in compliance with all operating and safety instructions, (II) immediately discontinue use of the Equipment if it becomes unsafe or in a state of disrepair, and (III) not use the Equipment in a negligent, unauthorized or abusive manner, (IV) keep Equipment free and clear of all liens, charges and encumbrances, (V) not alter or cover up any decal or insignia on the Equipment or remove any operational or safety instructions, (VI) not aid in the vandalism or theft of the Equipment, (VII) not rent the Equipment upon the basis of false or misleading information, or (VII) not remove, operate or utilize the Equipment outside the United States.

PERIOD: Rental begins when items are delivered to Customer and continues until the Equipment is returned to WIRED EQUIPMENT INC. or in the possession of its agent.

SINGLE-SHIFT USAGE: Rental periods greater than 1 day (8 hours) assume that rented items that have engines or usage counters will not be used for greater than 8 hours in a single day.

COMPLIANCE WITH LAWS AND REGULATIONS: Customer agrees to indemnify and hold WIRED EQUIPMENT INC. harmless from any liability or expense, including attorney’s fees resulting from any actual or alleged violation of federal, state or local laws. All items shall be operated safely within the guidelines of the Occupational Safety and Health Administration’s best practices.

GOVERNING LAW: This Agreement will be construed in accordance with the laws of the Great State of Texas. This Agreement supersedes any prior written or oral agreements between the parties.

LIABILITY FOR DAMAGE TO EQUIPMENT PERSONS AND PROPERTY: Customer agrees to indemnify and hold WIRED EQUIPMENT INC. harmless from any claims of third parties for loss, injury or damage to person or property as a result of Customer’s use of Equipment.

Customer agrees to pay for any or all damage or loss to Equipment and to hold WIRED EQUIPMENT INC. harmless for any loss damage or injury suffered in connection with its use.

Customer shall provide WIRED EQUIPMENT INC. a complete and detailed report of any accident involving Equipment.

INSURANCE: If Customer has insurance covering loss or damage to Equipment, Customer agrees to provide evidence of coverage. WIRED EQUIPMENT INC. will exercise all rights available under said insurance policy to ensure proper assignment of all claim proceeds to WIRED EQUIPMENT INC.

EQUIPMENT FAILURE: Customer agrees that the sole obligation of WIRED EQUIPMENT INC., in the event of Equipment failure, is to terminate the Agreement at the time of failure and provide a refund for any unused Rental Period fees, provided that Customer notifies WIRED EQUIPMENT INC. immediately and that the Equipment is returned to the place of rental within 24-hours.

TERMINATION: Customer may terminate this Agreement at any time by returning all Equipment and paying all fees due. A minimum rental fee may be charged based on the tiered-time of the Agreement. WIRED EQUIPMENT INC. may terminate this Agreement at any time by written, texted or emailed notice to Customer and/or by retaking the equipment.

AGENT: Equipment subject to this Agreement is the property of WIRED EQUIPMENT INC. Customer acknowledges that WIRED EQUIPMENT INC. may act as the agent for any third-party rental agreement.