|
* |
 |
|
* |
|
|
| |
| 1. RENTERS CONTACT INFORMATION |
| |
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
|
|
|
|
|
|
|
|
|
| |
| 2. RENTERS OPERATORS LICENSE INFORMATION |
| |
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
* |
 |
|
| |
| THIS CONTRACT IS SUBJECT TO THE RENTAL CONDITIONS
AND THE TERMS AND CONDITIONS PRINTED BELOW HEREOF. |
| |
| 3. TRAILER RENTAL INFORMATION |
| |
|
* |
 |
|
* |
|
|
* |
 |
|
* |
|
| |
| 4. TRAILER RENTAL SPECIFICATIONS |
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
* |
|
|
|
|
|
|
|
|
* |
|
|
| |
| 5. TRAILER RENTAL AMOUNTS |
| |
|
* |
|
|
* |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
* |
|
|
| |
| 6. LIABILITY INSURANCE |
| |
| *** Renter agrees to provide coverage as required by Paragraph 5 below. |
|
* |
|
|
* |
|
|
* |
|
|
| |
| 7. COMPREHENSIVE AND COLLISION INSURANCE |
| |
| *** It is agreed that comprehensive and collision insurance coverage is provided in the amount below by the renter and is subject to a deductible not to exceed $1000.00 for which the renter shall be responsible. |
|
* |
|
| DISPOSAL CHARGE -
Renter will be assessed a Disposal Charge for trash and other articles left on the Vehicle.
RENTERS / DRIVERS -
The undersigned Renter agrees that he and his employees, servants and agents will be the only operators of the Vehicle. Renter certifies that any such operator will be at least 21 years of age, and duly licensed and qualified to operate a vehicle of the type rented.
ACKNOWLEDGMENT - I acknowledge that I have read and understand the above terms of this contract. |
|
* |
|
|
| |
| 8. AGREEMENT |
| |
| This Agreement prohibits the transportation of any illegal substance or contraband by the driver or any passenger. Any costs of seizure and/or storage of the Vehicle shall be the responsibility of Renter and will be charged to Renter's account or credit card. |
| Renter is responsible for all damage to the Vehicle caused by negligent operation of the Vehicle. (i.e. Operating the Vehicle without proper maintenance of oil and lubricants.) |
| Aulick Industries cooperates with all federal, state, and local law enforcement officials nationwide to provide the identity of customers who operate this rental vehicle. |
| The vehicle is rented upon the conditions set forth below or on the reverse side hereof. Renter represents that he has read, understands, and agrees to be bound by the terms and conditions of this Agreement. |
| |
|
| |
| 9. TERMS & CONDITIONS |
| RENTER'S REPRESENTATIONS AND WARRANTIES |
| 1. Renter acknowledges and agrees:
(a) That Renter has inspected the Vehicle and that it was received in good condition mechanically and otherwise.
(b) That no repairs, adjustments, or replacement of any parts will be made without Aulick Industries written authorization.
(c) That Renter shall not remove the Vehicle from the area of operation specified on Page 1 without the written consent of Aulick Industries.
(d) That the Vehicle will be operated only under Renter's exclusive dominion and control, and that neither Renter nor any driver of the Vehicle shall be deemed the agent, servant or employee of Aulick Industries or Owner.
(e) That Renter shall pay any taxes or tolls that are imposed against the Renter for or arising out of the operation of the Vehicle, and file or assist Aulick Industries in filing any and all returns or reports required by any agency or governmental body as a result of the use of operation or the Vehicle.
(f) That this Agreement shall terminate on the end date and the Renter shall return said Vehicle to Aulick Industries in the same condition as received, on the dates indicated in Paragraph 10.
(g) Renter shall be fully liable for all loss or damage if the Vehicle is used, operated or driven in violation of the provisions of this Agreement; if loss or damage results from collision with any other vehicle, the structure of any underpass or other object; or if loss or damage results from willful abuse of the Vehicle by Renter, Renter's employees, agents or permitted assigns.
|
| 2. Renter warrants and agrees that the Vehicle shall not be operated: (a) In violation of any law, ordinance, rule or regulation of any governmental agency or body. IF THE VEHICLE IS USED TO CARRY CONTRABAND OR FOR ANY OTHER ILLEGAL PURPOSE THIS AGREEMENT SHALL BE ABROGATED AND THE VEHICLE IMMEDIATELY DEEMED CONVERTED. (b) To push or tow any other vehicle to carry persons for hire; or to transport weight in excess of the maximum payload capacity. (c) By any person who: (i) has given a fictitious name or false address; (ii) is under the age of 21; (iii) is not duly licensed and qualified; (iv) is under the influence of intoxicants or drugs; or (v) within the prior three years has been convicted of reckless driving or driving while under the influence of intoxicants or drugs. (d) In excess of applicable speed limits; in a reckless or abusive manner; or in any race or speed contest. (e) Outside the scope of the driver's employment and the usual course of business of Renter. |
| 3. Aulick Industries makes no express or implied warranty as to any matter whatsoever, including without limitation the condition of the Vehicle, its merchantability, or its fitness for any particular purpose. Renter hereby acknowledges and agrees that neither Aulick Industries nor Owner shall be liable for any indirect, special, consequential or other damages in connection with or arising out of the rental or use of the Vehicle. Aulick Industries, in making and entering into the Agreement, does not undertake nor assume any responsibility for the storage, damaged or loss of Renter's goods or property or any other goods or property carried, transported or located on the Vehicle. It is expressly understood and agreed that neither Aulick Industries nor Owner shall, in any event or under any circumstances whatsoever, be liable for loss of or damage to any goods or property left in or upon the Vehicle at any time or place, including Aulick Industries garage, terminal or where ever, regardless of whether such loss is caused by the negligence of Aulick Industries, Owner or any of their employees or agents. |
| CHARGES PAYABLE TO AULICK INDUSTRIES |
| 4. Rental charges as stated in this Agreement shall not abate but shall continue in full force and effect weather Vehicle is inoperable, in a state of disrepair, or is otherwise disabled for any reason. All charges shall run until the Vehicle is returned to Aulick Industries in accordance with Paragraph 10. In addition to the charges specified on Page 1, Renter agrees to pay Aulick Industries on demand: (a) All costs, including fees paid to an attorney or collection agency, incurred in connection with the collection of any amounts payable by Renter to Aulick Industries under any of the provisions of this Agreement, whether collected by suit or otherwise. (b)A late charge equal to eighteen percent (18%) per annum compounded daily (or the highest amount permitted under the applicable laws) on all amounts due hereunder that remain unpaid thirty (30) days after invoice. (c) All trailer Rentals are subject to Nebraska state sales tax unless renter provides a NE sales tax exempt number, or resides and operates outside of the state of Nebraska. |
| INSURANCE RESPONSIBILITY |
| 5. Renter agrees to provide Commercial Automobile Liability insurance with limits not less than $1,000,000 combined single limit for bodily injury and property damage. Renter agrees to name Aulick Industries as an "Additional Insured". Renter agrees to provide Comprehensive and Collision coverage's on any and all vehicles or trailers rented from Aulick Industries and name Aulick Industries as a "loss payee" on the Renter policy. The maximum deductible shall be no more than $1,000. The deductible is the responsibility of the Renter. All insurance coverage's provided by the Renter shall be considered primary. In the event of a "loss" or "accident" involving the rented vehicle, the Renter agrees to notify Aulick Industries within 24 hours of such "loss" or "accident". The Renter also agrees to contact their insurance carrier within 24 hours of such "loss" or "accident". |
| 6. Renter agrees to provide evidence of Workers Compensation
Coverage if Renter is determined to be subject to Workers
Compensation Statutes in any state of which the renter shall operate in.
|
| 7. Renter agrees that if any vehicle or trailer is sublet by the Renter to any individual or organization, the Renter will not be released of the terms and conditions of this agreement, and will fully comply with said terms and conditions. |
| 8. Renter agrees to provide any additional coverage's that would be subject to state statutes relative to any states the Renter may operate in or travel in during the term of the rental agreement or lease, including but not limited to Uninsured Motorists, Underinsured Motorists or No-Fault coverage's. |
| 9. Renter agrees to release, pay on behalf of and hold Aulick Industries and Owner harmless from and against any and all claims, demands, suits, causes of action or judgments for death of injury to persons or less or damage to property arising out of or caused by the ownership, maintenance, leasing, repair, possession, use or operation of any Vehicle covered by this Agreement, including but not limited to the following: (a) Operation of the vehicle in contravention of applicable laws or terms and conditions hereof may limit or void the Renter's insurance. Renter is responsible for the condition of the vehicle and all overhead damage regardless of any insurance arrangement. In case of accident, rental charges will continue during the downtime of the vehicle. (b) Any and all losses, damages, costs and expenses incurred because of injury or damage sustained by any occupant of said Vehicle, including without limitation Renter, Renter's employees, agents or representatives and loss or damage to cargo or property owned by or in the possession of Renter, Renter's employees, agents or representatives or occupants. (c) All loss, damage, cost and expense resulting from Renter's violation of any term of this agreement or breach of Renter's warranties as expressed herein. (d) The value of all tires, tools and accessories damaged lost or stolen from the Vehicle. (e) All cost of retaking the Vehicle, including but not restricted to attorney's fees and court costs. (f) Any fines or penalties including forfeiture or seizure resulting from the use of the Vehicle. (g) All claims for damages which Renter or any other party may sustain as a result of any actions taken by Aulick Industries under paragraphs 11 and 12 hereof. (h) All costs of defense and expenses of every kind, including attorney's fees incurred in connection with any suits or claims covered under Paragraph 9. |
| RETURN OF VEHICLE |
| 10. Renter agrees to return the Vehicle to Aulick Industries, with all original equipment and accessories, at the location from which the Vehicle was delivered to Renter, unless a different place of return is designated on Page 1 of this Agreement. Renter shall return the Vehicle at the time designated on Page 1; provided however, that if Aulick Industries makes written demand sent by prepaid registered mail to Renter's address shown herein, Renter shall return the Vehicle at the earlier time so specified. If no time is designated on Page 1 for the return of the Vehicle, Renter agrees to return the Vehicle no later than three (3) days after the date inserted in the Rent End Date section on Page 1. In the event that the Vehicle is rented for a period longer than six months. Renter shall return the Vehicle to Aulick Industries for routine maintenance and inspection at such times as requested by Aulick Industries. |
| 11. In the event Renter fails to return the Vehicle to the place specified in this Agreement within three (3) days after the time specified herein or from any earlier date specified in the written demand by Aulick Industries, such failure shall constitute an unauthorized taking, use and operation of the Vehicle, and Aulick Industries may thereafter consider such Vehicle as stolen and may take steps which Aulick Industries shall deem reasonable and necessary to recover the Vehicle. |
| 12. Aulick Industries reserved the right to inspect the Vehicle at any time during the term of this rental, wherever the Vehicle may be located. In the event of a violation or default by the Renter with respect to any of the terms of the Agreement, Aulick Industries may recover the Vehicle wherever it may be located, and terminate the Agreement. |
| RENTAL TERMINATION |
| 13. Aulick Industries reserves the right to terminate this agreement if rental payment is not received within 20 days of due date. It is the responsibility of the Renter to return the unit to the agreed location. If the unit is not returned as agreed, Aulick Industries will hire the unit picked up and any expenses will be charged to the Renter. |
| GENERAL PROVISIONS |
| 14. Renter acknowledges and agrees by his signature below hereof that he has read and is aware of the terms and conditions concerning the use of the Vehicle and thereby accepts his full responsibility herein defined. This Agreement contains the entire agreement between Renter and Aulick Industries or Aulick Industries representatives. It is agreed that these terms are contractual and have not and cannot be altered by another document or oral agreement. |
| CHOICE OF FORUM, JURISDICTION OF NEBRASKA |
| 15. In accordance with the Model Uniform Choice of Forum act, the parties expressly agree that any and all types of suits, actions at law, suit in equity, or other judicial proceeding for the enforcement of, determination of or action concerning any and every breach of or interpretation of this agreement shall be exclusively instituted and maintained in the District Court of Scotts Bluff County , State of Nebraska , which the parties believe and declare is a proper court of competent jurisdiction to determine any issue. Each party expressly waives the right to change venue from the District Court of Scotts Bluff County, State of Nebraska . It is mutually understood and agreed that this contract shall be governed by the laws of the State of Nebraska , both as to interpretation , performance and enforcement . |
|
* |
|
|
|