Terms & Conditions
MASTER AGREEMENT V 1.2 – This agreement covers all future rental orders referencing the Master agreement V 1.2 TERMS AND CONDITIONS In consideration of the hiring of the equipment described without operator, by the undersigned (hereinafter referred to as the Customer”) from 5G Equipment Rentals upon the terms and conditions, and for the price herein specified, it is agreed as follows:
1. PAYMENT. The customer agrees to rent the equipment from the lessor and to pay the lessor’s stated rental rate(s) for the entire rental term, together with any other charges accruing under the contract. If customer is using a credit card, customer authorizes 5G Equipment Rentals to charge all amount to credit card. If additional amounts are due to the rental company in connection with a rental on which it is forced to file suit, those amounts may accrue interest and any applicable NSF fees at the maximum rate permitted.
2. FEES. HERT: As of January 1, 2019, the State of Oregon passed HB4139 (Heavy Equipment Rental Tax or HERT), which mandates we to collect a 2% fee on “Heavy Equipment” and “Tools”. There is an ENVIRONMENTAL FEE for each rental. See below for delivery fees and Rental Equipment Damage Protection.
3. DELIVERY FEES AND DETAILS. For small rental items, there will be a delivery and pick up fee for each way. The fee applies to each piece of equipment. Rental items larger than 10,000lbs require trucking for delivery. The minimum fee is $135 for delivery within one hour of 5G Equipment Rentals. The price increases based on distance from 5G Equipment Rentals location. If delivery is selected, the equipment will be delivered before or at the time selected by the customer. Pick up will be at or after the time selected by the customer. Delivery fees are subject to change.
4. RENTAL EQUIPMENT DAMAGE PROTECTION (REDP). REDP is a damage protection fee added to the equipment rental price on your rental contract. REDP covers incidental minor damage during normal and correct usage of the equipment. The current rate for REDP is listed in each rental agreement. This includes (a) normal operator wear and tear; (b) scratches on paint (excluding decals); (c) minor dents due to normal use (excluding structural dents); (d) replacement of required safety decals or labels; (e) replacement of safety devices if used in accordance with manufacturer’s instructions; and (f) electrical breakdown (excluding physical damage to components). REDP does NOT cover (a) misuse; (b) arson; (c) theft; (d) vandalism; (e) glass damage; (f) any tire/track damage; (g) abuse (defined as “to use something for bad effect or misuse; the improper use of something); (h) natural disasters; (i) using or overloading equipment beyond its rated capacity; or (j) damage resulting from lack of normal lubrication. REDP is NOT an insurance plan. If repairs are required, REDP will have the following benefits: (a) half of the 5G Equipment Rentals shop rate ($90/hour) on labor for repairs; (b) cost price on replacement parts; (c) no charge for loss of rental revenue due to downed equipment (within the first month); and (d) payment plan if needed (with NO interest charges). Any customer that does not wish to participate will have to submit a Certificate of Liability Insurance, listing 5G Equipment Rentals as certificate holder, to our office. REDP it is an agreement between you, the customer, and 5G Equipment Rentals that limits your financial responsibility for loss or damage in exchange for a fee. This fee is subject to the Terms and Conditions of the Rental Agreement and any applicable state laws. CUSTOMER’S LIABILITY FOR MISUSE OF EQUIPMENT. Customer shall not abuse, harm or misuse the equipment. Customer shall not permit any repairs to be made or lien to be placed upon the equipment without 5G Equipment Rental’s written consent. In the event of any accident or casualty resulting in bodily injury or property damages arising out of customer’s use and hiring of said equipment, customer agrees to accept all responsibility therefore and shall hold 5G Equipment Rentals harmless from any claims or action arising therefrom. Customer shall furnish 5G Equipment Rentals with a complete report of any accident involving said equipment, including names and addresses of all persons involved and all witnesses. Unless otherwise specified herein, in case of the loss or destruction of any part of the equipment, or of loss of possession thereof, or inability to return the same to 5G Equipment Rentals, on expiration and due date, for any reasons whatsoever, customer shall pay 5G Equipment Rentals the actual replacement cost thereof, and in addition thereto 5G Equipment Rental’s loss of use of said equipment.
5. FUEL. For Equipment that uses fuel, customer has two options: (a) Pay on Return Option – if customer returns equipment with less fuel than when received, customer shall pay a refueling charge ($5/hour); and (b) Return Full Option – if customer returns the equipment with at least as much fuel as when it was received (most 5G Equipment comes with a full tank of fuel, but not all), no fuel charge will be assessed. The cost of customer refueling equipment itself will generally be lower than the Pay on Return Option; however, these options each allow for the convenience of not refueling. Fuel prices are subject to change based on current fuel prices and based on management discretion.
6. RENTAL AND TERM begins on the date and time specified as TAKEN OUT and terminates on the date and time specified as DUE IN unless amended in writing on the reverse of this contract. Rental charges commence on delivery of equipment to customer or job site if the customer is not there (with the customer’s consent) or pick up of equipment by customer and end upon return of equipment to 5G Equipment Rental’s premises. 5G Equipment Rentals may terminate rental at any time and take possession of the equipment. Customer agrees to pay on return of equipment to 5G Equipment Rental’s premises, all charges and costs for the use thereof. Customer’s right to use the equipment terminates on the expiration and due dates set forth above unless extended in writing by 5G Equipment Rentals. The customer is responsible for notifying (calling) 5G Equipment Rentals if customer is going to return the rental after the “DUE IN” date and time. If customer returns the equipment after the due date and time, customer is responsible for paying the late fee in addition to the cost of the rental.
7. CONDITIONS OF HIRING, Inspection Privilege and Waiver Defects. Customer acknowledges that he/she selected the equipment independently and not based on 5G Equipment Rental’s recommendation. Customer accepts and hires the equipment on an as is basis. Customer acknowledges receipt of all the equipment in good working condition and repair and declares that customer fully understands its proper operation and use, whether instructions are from a 5G Equipment Rentals employee or from the recommended use instructions that can be found online. Customer acknowledges and declares that customer has examined the equipment and all hitches, bolts, safety chains, hauling tongues, together with all the devices and materials used to connect the equipment to customer’s towing motor vehicle, if any, and customer declares that he has received all of such equipment in a secure and operative condition. Customer is responsible for loading and unloading the goods, if 5G Equipment Rental’s employees assist in loading or unloading the goods, the customer agrees to assume the risk of and hold 5G Equipment Rentals harmless for any property damage or personal injuries, including damage or injuries attributable to the negligence of 5G Equipment Rentals or it’s employees. Customer agrees to return the equipment to 5G Equipment Rental’s premises upon the expiration and due date hereof in as good condition as when received by customer, ordinary wear and tear excepted. Ordinary wear and tear” shall mean only the normal deterioration of the equipment caused by ordinary and reasonable use on a one shift (eight hours per day, five day per week) basis. Customer agrees to immediately pay all charges and costs incurred. Customer may not repair, modify, or attach anything to equipment.
8. EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR. Customer will immediately discontinue use of the personal property should it at any time, following the execution of this agreement or any subsequent agreement, becomes unsafe or in a state of disrepair. Furthermore, the customer will immediately notify 5G Equipment Rentals that the equipment is unsafe or in disrepair and until such time as 5G Equipment Rentals has regained possession the customer agrees to take all steps reasonably necessary to prevent injuries to any person and all property from the rental equipment or product. Customer may not repair equipment.
9. SURRENDER. The customer acknowledges that anything remaining with, in or on rented equipment upon return will be deemed abandoned and surrendered by the customer to 5G Equipment Rentals.
10. COMPLIANCE WITH THE LAWS. Customer acknowledges that 5G Equipment Rentals has no control over the use of the equipment by customer, and customer agrees at his sole expense, to comply with all municipal, county, state and federal laws, ordinances and regulations, including the Occupational Safety and Health Administration Act of 1970 (OSHA), EPA, and ANSI standards which may affect the equipment while is in the possession of and in use by the customer. These standards are available via download. Customer shall not permit any person who is not legally qualified to use the equipment. Customer is responsible for knowing and using OSHA required protective equipment (details can be found on the OSHA website); protective equipment varies for all equipment.
11. PERMITTED AREA OF USE OF EQUIPMENT. Without 5G Equipment Rental’s written consent, customer shall not remove the equipment from the state in which it is rented.
12. DISCLAIMER OF WARRANTIES. 5G Equipment Rentals makes NO warranties, expressed or implied, as to the equipment’s merchantability or fitness for any particular purpose. Customer’s sole remedy for any failure or defect in the equipment shall be the termination of the rental charges at the time of failure, provided the equipment is returned to 5G Equipment Rentals within 24 hours after such failure. 5G Equipment Rentals shall not be responsible for any loss, damage or injury to customer or customer’s property, including incidental special or consequential damages, in any way connected with the operation, use, defect in or failure of the equipment. Customer acknowledges that there are potential dangers of movement, collapse, and other hazards associated with severe weather, and will not hold 5G Equipment Rentals responsible for any costs associated with damage. Customer also acknowledges that they maintain and publish an evacuation plan if they create temporary structures.
13. SUBLETTING Customer will not assign or sublet rented equipment to third parties, to ensure rented equipment doesn’t disappear or wind up in the hands of an untrained, unlicensed, or otherwise unacceptable (to the rental company) operator.
14. USE OF DEPOSIT, AND INABILITY FOR LATE PAYMENT, UPON BREACH BY CUSTOMER. Customer acknowledges that the purpose and intent of the deposit or credit card on file paid by the customer hereunder is to secure the payment of rental charges hereunder and to guarantee the full and complete performance of each of all of the terms, covenants and agreements to be performed by customer hereunder, customer agrees to pay a late payment penalty at the rate of one and one half (1-1/2%) percent per month on all delinquent accounts. Customer authorizes 5G Equipment Rentals to charge all amounts to credit card.
15. INDEMNIFICATION OF DEALER BY CUSTOMER. CUSTOMER EXPRESSLY INDEMNIFIES AND HOLDS 5G Equipment Rentals HARMLESS OF, FROM AND AGAINST ANY AND ALL CLAIMS, LOSS, COSTS, DAMAGES, ATTORNEY’S FEES AND/OR LIABILITY IN CONNECTION WITH HIRING AND USE OF THE EQUIPMENT REGARDLESS OF WHETHER A LAWSUIT IS FILED IN THE EVENT A SUIT IS INSTITUTED BY DEALER TO RECOVER POSSESSION OF SAID EQUIPMENT, OR TO ENFORCE ANY OF THE TERMS, CONDITIONS OR PROVISIONS HEREOF. CUSTOMER AGREES TO PAY ALL COSTS AND REASONABLE ATTORNEY’S FEES OF DEALER INCURRED IN CONNECTION THEREWITH. 5G Equipment Rentals reserves the right to repossess equipment if necessary, without first going to court. If a lawsuit is filed, 5G Equipment Rentals may require that lawsuit to be pursued in the 5G Equipment Rental’s home jurisdiction under the laws of its home state.
16. THEFT WARNING. Failure to return equipment on the expiration and due date or failing to pay for rented equipment, in certain circumstances or providing false information in connection with a rental may be considered a theft resulting in a criminal prosecution.
17. TAXES. Customer agrees to pay all taxes, license fees, or permit fees arising out of the hiring and use of the equipment. Customer agrees to pay said taxes whether they appear as part of the fact of this contract or whether said taxes are later claimed by the government authority. In the event of a claim by any government authority for taxes arising out of this transaction, customer agrees to pay to 5G Equipment Rentals said taxes upon demand.
18. TITLE. Title to the equipment is and shall remain at 5G Equipment Rentals. If the equipment is levied upon for any reason whatsoever, 5G Equipment Rentals may retake the equipment without notice or legal process and may take all action reasonably necessary to do so.
19. SEVERABILITY. Should the court find any part of this contract unenforceable, the remainder of the contract’s provisions will remain in full force and effect.
20. SIGNATURE. Customer acknowledges that all digital, electronic, photocopied, and faxed signatures on 5G Equipment Rental Contracts are deemed the equivalents of originals.
21. MISCELLANEOUS. This contract, together with any customer executed credit application, constitutes the entire agreement of the parties regarding the equipment and may not be modified except by written amendment signed by the parties. Customer’s obligations hereunder shall survive the termination of this contract. This contract and all of customer’s rights in and to the equipment are subordinate to all rights, title and interest of all persons (including 5G Equipment Rental’s lenders) who have rights in the equipment. Headings are for convenience only. To the extent that any terms in this contract conflict, the parties agree that the more specific terms control. A copy of this contract shall be valid as the original. Any failure by 5G Equipment Rentals to insist upon strict performance of any section of this contract shall not be construed as a waiver of the right to demand strict performance in the future. Customer and the person signing this contract represent that: (a) they both have full authority to execute, deliver and perform this contract and (b) this contract constitutes a legal, valid and binding obligation of customer, enforceable in accordance with its terms. When customer is a buyer of equipment, they are hereby notified that 5G Equipment Rentals has assigned its rights (but not its obligations) in the agreement to sell the asset(s) described herein to 5G Equipment Rentals.
22. CONSTRUCTION. The paragraph headings and names used herein are for convenience only and not to be sued if construing the meaning or intent of any of the terms of provisions of this Rental Contract. If customer has insurance covering such loss or damage, customer shall exercise all rights available upon him under said insurance, take all action necessary to process said claim, and customer further agrees to assign said claim and pay any and all proceeds from such insurance dealer. Upon request to 5G Equipment Rentals, customer shall furnish the name of his insurance agent, insurance company and complete information concerning insurance coverage carried. 5G Equipment Rentals waiver of claims against customer as herein set forth is contingent upon customer’s prompt making of and submission to 5G Equipment Rentals of copy of police report. A large print version of the Terms and Conditions can be found online or printed upon request.
63075 NE Corporate Pl
Bend, Oregon 977001
Last Edited on 5.19.2020