IMPORTANT: PLEASE READ CAREFULLY
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”).
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CUSTOMER ASSUMES FULL RESPONSIBILITY
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 must:
– Promptly notify WIRED EQUIPMENT INC. of any damage, malfunction, or issues during the Rental Period.
– Follow all provided operating and safety instructions.
– Ensure proper transportation and secure loading/unloading of Equipment.
Customer is responsible for all loss, damage, or repair, including but not limited to tracks, tires, and major components, except as outlined under the Damage Protection clause.
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DAMAGE PROTECTION
Damage Protection is an optional service offered by Wired Equipment Inc. that, if selected, modifies this Agreement to reduce Customer’s liability for repair charges, replacement costs, or Administrative Charges if the Equipment is damaged during normal use.
If Damage Protection is selected:
1. The charge for Damage Protection is 14% of the Rental Price and will appear as a separate line-item on the invoice.
2. It covers repair costs or depreciation caused by normal use up to $120 per incident.
Damage Protection does not cover:
– Loss or damage caused by theft, abuse, misuse, neglect, intentional acts, or failure to follow provided instructions.
– Major damage requiring replacement beyond reasonable repair.
Customers must report any damage promptly. Favorable repair terms may apply if damages are disclosed responsibly and without delay. Damage Protection is not insurance, and Wired Equipment Inc. retains sole discretion for all maintenance and repairs.
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SAFETY
– Customer acknowledges being briefed and understanding the safe and proper use of all rented Equipment.
– Customer agrees to review the EQUIPMENT OPERATOR’S MANUALS which are posted in the short description of each product on the public website and follow all safety instructions.
– Daily maintenance tasks, such as checking oil, coolant, and hydraulic fluid levels, are required for Equipment with such needs.
– Customer is responsible for returning Equipment with the same fuel level as received. Additional fees will apply for discrepancies.
– Wired Equipment Inc. may equip Equipment with telematics devices to collect location, usage, and condition data for purposes such as fleet management, safety, and customer support.
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EQUIPMENT FAILURE
If the Equipment fails during the Rental Period due to no fault of the Customer:
– Customer must notify WIRED EQUIPMENT INC. immediately.
– Wired Equipment Inc.’s sole obligation is to terminate the Agreement at the time of failure and provide a refund for unused Rental Period fees.
– Replacement Equipment may be available upon request for an additional fee.
If the failure is found to be caused by misuse or neglect, additional fees may apply.
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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. If Equipment becomes unsafe or non-operational during the Rental Period, Customer must immediately cease operation and inform Wired Equipment Inc. Any damage not reported promptly may result in additional fees.
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FORCE MAJEURE
Wired Equipment Inc. will not be held liable for delays, losses, or failure to perform due to events beyond its reasonable control, including natural disasters, government actions, or other unforeseen circumstances. In such cases, both parties agree to work cooperatively to adjust the Rental Period or resolve issues fairly.
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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, WIRED EQUIPMENT INC. reserves the right to retake possession of the Equipment. Wired Equipment Inc. will make reasonable efforts to minimize disruption and damage during the retrieval process, but Customer remains liable for associated costs.
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ATTORNEY’S FEES
Customer agrees to pay all reasonable attorney’s fees and court costs incurred by WIRED EQUIPMENT INC. in enforcing this agreement.
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CLEANING CHARGES
Customer will incur a clean-up charge of at least $50.00 if Equipment is returned muddy or has excessive build-up or foreign debris.
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TRAILERS
WIRED EQUIPMENT INC. assumes no responsibility for the load, Customer-provided trailer, or tow vehicle while Equipment is in Customer possession. Customer assumes all risk related to properly rated trailers, hitching, binding, loading, and unloading of Equipment.
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PAYMENT OF RENTAL
Rental rates are disclosed at the 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.
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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 in 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 its best to work with Customer in the event of poor weather conditions.
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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:
– Use the Equipment for its customary purpose, in compliance with all operating and safety instructions.
– Immediately discontinue use of the Equipment if it becomes unsafe or in a state of disrepair.
– Not use the Equipment in a negligent, unauthorized, or abusive manner.
– Keep Equipment free and clear of all liens, charges, and encumbrances.
– Not alter or cover up any decal or insignia on the Equipment or remove any operational or safety instructions.
– Not aid in the vandalism or theft of the Equipment.
– Not rent the Equipment on the basis of false or misleading information.
– Not remove, operate, or utilize the Equipment outside the United States.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.