The Equipment Guys – Rental Terms of Service

1. Scope & Acceptance

By renting equipment or purchasing services from The Equipment Guys (“we,” “us”), either by accepting delivery or making payment, you (“Customer”) agree to these Rental Terms and, where applicable, our Electronic Communications Terms and Optional Protection Plan Terms.

2. Definitions

- “Agreement”: The rental request, reservation, invoice, these rental terms, any signed rental contract, and any Optional Protection Plan agreement.

- “Customer”: The person or business entity renting equipment.

- “Equipment”: All tools, machinery, attachments, and accessories provided under this Agreement.

- “Service(s)”: Delivery, pickup, repair, or maintenance services provided.

3. Entire Agreement & Precedence

These Rental Terms take precedence over any Customer purchase orders or documents. Even if signed by The Equipment Guys, your documents do not modify these terms unless we explicitly agree in writing.

4. Rental Charges & Payment

- Charges begin upon delivery and continue until equipment is returned and inspected.

- Payments are due as invoiced. Accepted forms include credit/debit card, ACH, or company check (with approval).

- Late returns and unpaid invoices are subject to additional charges and may lead to equipment repossession without notice.

5. Indemnification & Liability

- Customer Liability: You agree to indemnify and hold The Equipment Guys harmless from any losses, damages, claims, liabilities, or expenses (including attorney’s fees) arising from the use, transport, or storage of rented equipment.

- Company Liability: Our liability is limited to the amount you paid for the rental. We are not liable for indirect, incidental, or consequential damages.

6. Waiver of Jury Trial & Class Actions

Customer waives the right to a jury trial and agrees not to participate in class action claims. Any legal proceedings must be brought individually in accordance with Section 13.

7. Repossession Rights

The Equipment Guys may repossess any equipment at any time without notice if:

(a) You are in default on payment;

(b) Equipment is used outside of agreed terms;

(c) Equipment is at risk due to legal or safety concerns; or

(d) An emergency or natural disaster arises.

8. Data & Privacy

The Equipment Guys may collect and use operational or telematics data from equipment for service tracking and safety purposes. Use of data complies with California privacy laws and applicable federal regulations.

9. Maintenance & Repairs

Customer shall not perform repairs unless authorized in writing. All damage or malfunctions must be reported promptly. Customer is liable for damage due to misuse or neglect.

10. Optional Protection Plan (if applicable)

When purchased, this plan limits your financial responsibility for theft or accidental damage to a stated deductible (e.g., $___ or ___% of replacement cost, whichever is less). Exclusions include: misuse, lack of care, vandalism, missing parts, and normal wear and tear.

11. Default & Recovery Costs

Customer agrees to pay all costs incurred by The Equipment Guys in collecting unpaid amounts or recovering equipment, including legal fees, interest, and repossession costs.

12. Severability

If any provision is found to be invalid or unenforceable, the rest of the Agreement will remain fully effective. Any invalid provision shall be replaced by one that most closely reflects its intent.

13. Governing Law & Venue

These terms are governed by the laws of the State of California, and any legal claims must be brought exclusively in the state or federal courts located in Stanislaus County, California. Customer waives the right to a jury trial.

14. Rental Protection Plan (RPP) – 15% of Rental Charges

The Equipment Guys offers an optional Rental Protection Plan (RPP) charged at 15% of the base rental rate. If selected and paid for, this plan limits your financial responsibility for certain types of loss or damage to the rented equipment during the rental period, subject to the exclusions and limitations below.

Covered:

- Accidental damage occurring during normal use.

- Theft, provided that a police report is filed and appropriate security measures were taken.

- Vandalism, if properly reported and documented.

Not Covered:

- Damage caused by misuse, abuse, neglect, or failure to maintain equipment.

- Loss of parts or accessories (e.g., keys, chargers, attachments).

- Damage due to overloading, improper operation, or violation of operating instructions.

- Environmental exposure (flood, mud, corrosion) unless specifically approved.

Deductible:

In the event of a covered claim, the Customer is responsible for a deductible of 25% of the repair or replacement cost, or a minimum of $500, whichever is greater.

Election:

The RPP will be automatically included in the rental unless the Customer provides a current and approved Certificate of Insurance (COI) prior to the start of the rental. The RPP must be accepted or declined at the time of rental if no COI is on file. If declined, Customer is fully responsible for all damage or loss, regardless of cause.

This plan is not insurance and does not provide liability coverage. It is a waiver of certain charges, subject to conditions and exclusions.