Rental Terms & Conditions

SAMPLE RENTAL AGREEMENT CAN BE FOUND HERE.

RENTAL TERMS AND CONDITIONS (COLORADO)

1. Exclusion of Purchase Order Terms
The terms and conditions set forth in The Rental Agreement take precedence over any purchase orders, proposals, or other documents issued by the Lessee. Such documents are not considered a counter-offer, and any terms or provisions contained within that conflict with The Rental Agreement shall be void and unenforceable unless expressly agreed to in writing by the Lessor.

2. Indemnification
The Lessee agrees to fully indemnify, defend, and hold harmless the Lessor, its affiliates, employees, agents, and representatives from and against any and all claims, actions, demands, liabilities, damages, losses, injuries (including death), penalties, attorney fees (including those incurred in enforcement of The Rental Agreement), and expenses of any kind arising out of or related to the use, operation, transportation, repair, possession, or return of the equipment. This includes, but is not limited to, claims arising from negligence, misuse, or failure to adhere to the terms of The Rental Agreement by the Lessee, its employees, agents, sub-lessees, or any third party operating the equipment.

Indemnification extends to any liability arising from the preparation or use of drawings, maps, specifications, or instructions by the Lessor or its agents, as well as the giving of or failure to provide directions by the Lessor, where such acts or omissions contribute to bodily injury or property damage.

3. Rental Term
The rental period shall encompass the term specified in The Rental Agreement, any additional time required for transport, renewals or extensions, and any period necessary for the Lessor to recover the equipment or address damages, liens, or encumbrances.

4. Acceptance of Equipment
The Lessee must inspect the equipment upon receipt and notify the Lessor in writing within one (1) hour of any defects or objections. Failure to provide such notice constitutes acceptance of the equipment as being in good condition and as described in The Rental Agreement. The Lessor affirms that all equipment is inspected prior to each rental to ensure it is in safe, operable condition.

5. Transportation Costs
Unless otherwise agreed in writing, the Lessee is responsible for all costs associated with transporting the equipment, including delivery and return.

6. Renewals and Extensions
If the equipment is not returned at the end of the specified rental term, the term may be extended or renewed at the sole discretion of the Lessor. All provisions of The Rental Agreement shall apply to any renewal or extended period.

7. Disclaimer of Warranties
The equipment is rented “as is,” and the Lessor makes no warranties, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. The Lessor disclaims any liability for consequential, incidental, or indirect damages. All manufacturer warranties applicable to the equipment are assigned to the Lessee for the duration of the rental term.

8. Rental Payments
The Lessee agrees to pay the rental amount specified in The Rental Agreement. Payment is due in full upon the return of the equipment unless otherwise stated. If payment is not made within ten (10) days of the due date, the Lessee shall incur an additional charge of 1.75% per month on the overdue amount. Payments will be applied first to accrued interest before being credited to the principal balance.

9. Equipment Use
The Lessee shall use the equipment only for its intended purpose as specified in The Rental Agreement. Only properly trained and qualified individuals may operate the equipment. The Lessee agrees to comply with all applicable laws, regulations, and safety standards and to bear all costs related to the operation of the equipment.

10. Location and Inspection
The equipment shall remain at the location specified in The Rental Agreement unless written consent is obtained from the Lessor. The Lessor reserves the right to inspect or retrieve the equipment at any reasonable time to ensure compliance with the terms of The Rental Agreement.

11. Maintenance and Condition
The Lessee is responsible for maintaining the equipment in good working order throughout the rental term, including performing routine maintenance such as fueling and lubrication. Upon return, the equipment must be in the same condition as received, except for normal wear and tear. The Lessee shall bear the cost of cleaning, repairs, or replacements necessary to restore the equipment to its original condition.

12. Damages
The Lessee shall be fully responsible for any and all damages to the equipment beyond ordinary wear and tear, including but not limited to scratches, dents, hydraulic system failures, and excessive wear to tracks or tires.

Definition of Ordinary Wear and Tear:
Ordinary wear and tear shall be defined as the natural deterioration that occurs during proper and intended use of the equipment, such as surface scuffing of tracks or tires, minor abrasions to teeth or cutting edges, and mechanical wear consistent with normal operation. Ordinary wear and tear shall not include damage such as gouges, dents, structural deformities, hydraulic leaks, or any other physical or operational impairments caused by improper use, negligence, or failure to adhere to operational guidelines.
Documentation and Damage Assessment Protocol:
Upon return of the equipment, the Lessor shall conduct a comprehensive inspection to identify any damages or deficiencies. The Lessee shall be notified of any damages within three (3) business days of the equipment’s return. The Lessor will document all damages through photographs, written descriptions, and, if applicable, third-party assessments.
Return Inspection Requirements:
The Lessee agrees to participate in a joint inspection upon the return of the equipment. The condition of the equipment at the time of return shall be compared against the documented condition at the start of the rental term, as outlined in the pre-rental inspection report. Any discrepancies, excluding those deemed ordinary wear and tear, shall be classified as damages and billed to the Lessee.
Pre-Authorization and Security Deposits:
To cover potential damages, the Lessee authorizes the Lessor to pre-charge the Lessee’s credit card or retain a security deposit in an amount equal to up to 25% of the equipment’s replacement value or as specified in The Rental Agreement. The security deposit shall be refunded only after the equipment is returned, inspected, and determined to be free of damages beyond ordinary wear and tear.
Hydraulic System Damage:
The Lessee is solely responsible for maintaining proper hydraulic system operation during the rental term. Any damage caused by misuse, contamination of hydraulic fluid, overloading, or failure to follow operating instructions will be billed to the Lessee, including costs for fluid replacement, hose repair, and system diagnostics.
Track/Tire Damage:
Damage to tracks or tires, including but not limited to cuts, punctures, tears, excessive wear, or misalignment, will be assessed and charged to the Lessee. Ordinary wear and tear for tracks or tires is limited to surface abrasions and gradual tread wear consistent with proper use on approved surfaces.
Repair and Cleaning Costs:
If the equipment is returned in a condition requiring cleaning, servicing, or repairs, the Lessee shall be billed for all associated costs. Repair costs will be itemized and provided to the Lessee, and cleaning fees will be charged as per The Rental Agreement’s cleaning schedule.

13. Alterations and Additions
The Lessee shall not modify or alter the equipment without prior written consent from the Lessor. Any unauthorized modifications will be removed at the Lessee’s expense, and the equipment must be restored to its original state.

14. Insurance Requirements
The Lessee shall maintain appropriate insurance coverage for the equipment, naming the Lessor as an additional insured or sole loss payee. The insurance must cover risks of loss, damage, and liability. The Lessee must provide proof of such coverage prior to the rental term, and the Lessor reserves the right to approve the insurance carrier and policy.

15. Risk of Loss
The Lessee assumes all risk of loss, theft, or damage to the equipment during the rental term. The Lessee shall notify the Lessor immediately in the event of loss or damage and remain liable for associated costs unless otherwise provided under an optional Rental Equipment Protection Plan.

16. Return of Equipment
The Lessee must return the equipment at their expense to the location specified by the Lessor. Failure to do so may result in additional charges or legal action to recover the equipment.

17. Default and Remedies
If the Lessee fails to meet payment obligations, maintain insurance, or comply with any term of The Rental Agreement, the Lessor may take immediate action, including repossession of the equipment, acceleration of all amounts due, and pursuit of legal remedies.

18. Taxes and Fees
The Lessee shall be responsible for all taxes, registration fees, and other charges associated with the equipment during the rental term.

19. Governing Law and Venue
The Rental Agreement shall be governed by the laws of the State of Colorado. Any disputes shall be resolved exclusively in the courts located in Teller County, Colorado.

This Rental Agreement is tailored specifically for Mountain Pro Rentals and is not intended to replicate or infringe upon any pre-existing contracts. Management Reserves All Rights.

2757 CR 46 Florissant, CO 80816
www.mountainprorentals.com
[email protected]
303-661-7216