Terms and Conditions

Rental Agreement

By renting equipment from ERC Rentals, you agree to the following terms and conditions:

1. Payment and Security Deposit

The RENTER's Driver's license and full estimated payment are required upon Equipment delivery & pickup. All rental equipment carries $500 security deposit. While the security deposit is not charged at the time of delivery & pickup, a credit card on file or $500 cash deposit is required. Rental charges accrue during Saturdays and Sundays. Rental rates are for normal "one shift" usage based on an 8-hour day, 40 hours per week. Charges on equipment operations in excess of one shift will be prorated.

2. Equipment Return

The RENTER shall return Equipment on the date specified in the same condition as RENTER received it, except for normal wear and tear. If Equipment is not returned on said date, ERC Rentals reserves the right to take any action necessary to regain possession of the Equipment. RENTER shall pay a refueling charge of $7 per gallon if Equipment returned with less fuel than when received. All equipment is to be returned cleaned of all dirt and debris. This includes inside, outside, and underneath the equipment. Cleaning fee of minimum $50 and maximum $250 will be charged if Equipment not returned as RENTER received.

3. Maintenance and Operation

The RENTER shall keep and maintain the rented equipment during the terms of the rental. The RENTER shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, grease, cooling system, and cleaning in accordance with the manufacturer's specifications. All other maintenance or repairs may only be performed by ERC Rentals or its agents.

4. Proper Use

The RENTER shall not operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment, normal wear and tear excepted. Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner's instructions or manuals. The RENTER shall follow all safety instructions listed in user/operator manual for the equipment been rented. Equipment's user/operator manuals available on ERC Rentals website.

5. Damage and Repairs

The RENTER shall pay the ERC Rentals full compensation for replacement and/or repair of any equipment which is not returned because it is lost or stolen or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excepted. Equipment shall not be serviced or repaired, and parts and accessories shall not be replaced without ERC Rentals' prior consent. RENTER agrees that ERC Rentals reserves the right to charge the Credit Card for any amount owed by RENTER pursuant to this section due to damaged or lost Equipment.

6. Authorized Users

The RENTER shall not permit the Equipment to be used by any person who is not authorized to use such Equipment or under 18 years old. The RENTER shall not operate or use the Equipment or permit it to be operated or used in violation of law.

7. Equipment Location

The RENTER shall not remove the equipment from the address of the RENTER or the location shown herein as the place of use of the equipment without prior approval of ERC Rentals. The RENTER shall inform ERC Rentals upon demand of the exact location of the equipment while it is in the RENTERS's possession.

8. Inspection Rights

The RENTER shall allow ERC Rentals to enter RENTER's premises where the rented equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented equipment. If the RENTER is in default of any of the terms and conditions of this agreement, ERC Rentals, and his agents, at the RENTER's risk, cost and expense may at any time enter RENTER's premises where the rented equipment is stored or used at all time and recover the rented equipment.

9. Warranty

ERC Rentals makes no warranty of any kind regarding the rented equipment, except that ERC Rentals shall refund or replace the equipment with identical or similar equipment if the equipment fails to operate in accordance with the manufacturer's specifications and operation instructions. Such arrangements shall be made as soon as practicable after RENTER notifies ERC Rentals.

10. Liability and Indemnification

The RENTER indemnifies and holds ERC Rentals HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT.

11. Ownership

ERC Rentals shall at all times retain ownership and title to the Equipment. The RENTER shall immediately notify ERC Rentals in the event Equipment is levied, has a lien attached or is threatened with seizure. The RENTER shall indemnify and hold ERC Rentals harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.

12. Accidental Damage Protection (ADP)

If purchased rental items sustaining accidental damage are fully covered. The RENTERs liability for damage to the rented equipment will not be waived in the following circumstances: