Terms And Conditions

Rental Items: Customer acknowledges that he had an opportunity to choose, inspect and test the equipment rented personally, accepts the rented item “as is”, finds it suitable and safe for his needs and in good working condition, and understands it’s proper and safe use in line with OSHA, EPA & ANSI guidelines. The customer further acknowledges his duty to continuously inspect the equipment before each use, notify STR of any defects, and stop using any item that is in disrepair or unsafe to operate. 

Operation: Customer acknowledges he will provide an individual with the requisite knowledge & experience to operate the equipment rented and accepts full responsibility & liability for damages related to operator negligence. 

Replacement of Malfunctioning Equipment: If the equipment becomes unsafe or in disrepair as a result of normal use, abuse, or neglect customer agrees to discontinue use and notify STR who will replace the equipment with similar equipment in good working order, if available. In the case of abuse or neglect, STR may not replace the item at our sole discretion. STR is not responsible and is held harmless for any incidental or consequential damages caused by delays or otherwise. 

Maintenance and Care of Rental Items: The customer will continually inspect the unit for safety and standard maintenance. The customer will check all fluids, oils, belts, tire pressure and condition, etc., and replenish and or grease as needed. Failure to follow standard maintenance procedures will result in additional charges. The customer will notify STR if any item rented is in need of repair or maintenance. 

Dirty, Damaged or Lost Equipment: Customer agrees to pay for any damage to or loss of the goods, including loss of rental, as an insurer, regardless of cause, except for reasonable wear and tear, while goods are out of the possession of STR. The customer agrees to pay a reasonable cleaning charge for equipment returned dirty or coated by others. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost, or stolen goods. Equipment lost, stolen, or damaged beyond repair will be paid for at its current list price plus any transportation charges. The cost of repairs will be borne by the customer, whether performed by STR, or at STR’s option, by others. 

Warranties: There is no warranty that the equipment is suited for the customer’s intended use. 

Hold Harmless and Indemnification Agreement: Customer agrees to assume all inherent risks in the operation and use of rental items and hold STR harmless for property damage, personal injury, and litigation costs caused by the equipment. The customer assumes all weatherrelated risks. 

Rental Agreement: This is the only agreement embodied between Customer & STR and eliminates any obligations associated with outside Representation & Warranties. STR retains title to all rented assets while in possession of Customer. 

Prohibited Uses: use of the equipment in the following circumstances is prohibited and constitutes a breech of this contract. The customer accepts full responsibility for associated fines and full liability for non-compliance: 

A: Use for illegal purposes or in an illegal manner. 

B: Use when equipment is in disrepair or is unsafe. 

C: Improper, unintended use or misuse. 

D: Use by anyone other than Customer or his employees, without STR’s written permission. 

E: Use at any location other than the address furnished to STR without STR’s written permission. 

F: Use by anyone not properly trained or supervised. 

Assignments, Subleases and Loans of Equipment: STR may assign their rights under this contract without Customer’s consent but will remain bound by all obligations herein. Customers may not sublease or loan equipment without STR’s written permission. Any purported assignment by Customer is void. 

Rental Rates: Rental rates are listed on the contract. Rates are non-negotiable. Daily rentals are based on an 8-hour workday, not 24 hours, when applicable STR will give a courtesy period of 24 hours at our sole desecration. Weekly rates are based on a 40-Hour Week and 160-Hour Month. Equipment used in a double shift will be charged at one- and one-half times the daily rental rate. Equipment used in a triple shift will be charged at twice the daily rental rate. Fuel usage is additional and billed meter-out vs meter-in. 

Times of Return: Customer’s right of possession terminates on the rental period “Due In” date and time. Retention or possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing. 

Late Returns: Customer agrees to return the rented items during STR’s regular business hours, upon expiration of the rental period denoted as the “Due In” date and time. The customer agrees that if the rented items are held beyond the expiration of the rental period overtime charges will accrue and be charged as overtime upon return and closing of this contract. 

Payment: All rentals are to be paid in advance. Security deposits as deemed by STR as appropriate. 

Licenses, Permits, Taxes: The renter agrees to obtain required permits & licenses and to pay all taxes, license fees, or permit fees arising out of the use of the rented item or purchase of our products and or services. The renter agrees to pay STR said taxes upon demand. 

Applicable Law/Collection Costs: Customer agrees to pay all reasonable collection, attorney’s and court fees and other expenses involved in the collection of the charges or enforcement of WTR’s rights under this contract. All lawsuits are required to be filed in STRs home jurisdiction under the laws of its home state. 

Repossession: Upon failure to pay rent or other breach of this contract STR may terminate this contract and take possession of and remove the goods from wherever they are. WTR and his agents shall not be liable for any claims for damage or trespass arising from the removal of the goods. 

Conversion: Failure to return rented equipment pursuant to the terms of this rental agreement may subject the renter to criminal and civil prosecution. 

Damage Waiver Charge (DWC): If the customer accepts DWC, STR agrees to waive any claim against the customer for ACCIDENTAL DAMAGE to equipment rented under this contract. DWC does not cover ABUSE, VANDALISM or THEFT. DWC is not insurance and customer liability is limited to 20% of the replacement cost of the equipment damaged beyond repair. DWC does not cover tire damage, flat tires or any exclusion listed on a rented item listed on the front side of this contract. Damaged equipment does not relieve your obligations of this contract; all rental fees are due and payable in full. 

Delivery and Pickup Terms: WTR does not warrant or guarantee an exact delivery time and will not be held liable for any delays or additional expenses incurred for any delays for any reason beyond our control. The delivery site must be reasonably safe, secure & accessible. The customer agrees to assume all risk of loss, damage, or destruction between drop-off & possession should someone not be present on the site upon delivery. To schedule pickup and to take an item off rental the customer is responsible to call STR and schedule pickup. STR will not automatically pick up equipment without notification regardless of period scheduled or booked. The customer is responsible and accepts all risks for rental items in your possession until STR picks-up. Any items left in equipment upon return are deemed abandoned/surrendered with no STR liability for these items. 

SAFETY and INSTRUCTION: Proper and safe use is the responsibility of the operator. Customer is solely responsible to observe and follow all safety rules and regulations required by any local, state, or government agency and to provide all protective and fall protection equipment. The customer has been given proper instruction and demonstration prior to taking delivery of the rented item and had the opportunity to review all material supplied by the manufacturer. The customer also acknowledges that they are qualified to use items rented. 

Insurance: Customer shall maintain, at their expense, liability, property, and casualty insurance coverage in the amounts necessary to fully protect STR and our equipment against any claims, loss or damage of whatever nature or type. 

Notification of Accident: Customer will notify STR IMMEDIATELY of any accident or injury in relation to a rental item regardless of the severity followed by any, and all documentation. STR or their agents retain all the rights to inspect, photograph and investigate, as we deem necessary to protect STR and their agents. 

Site Prep: Customer shall mark out all underground obstructions. and/or utilities, cables & Lines prior for use of digging & excavation equipment. The customer assumes full liability for any subsurface-related damages.