This is a contract. The back of this contract contains important terms and conditions including lessor’s disclaimer from all liability for injury or damage and details of customer’s obligations. These terms and conditions are a part of this contract. READ THEM!
If equipment does not function properly notify lessor within 30 minutes of occurrence or no refund or allowance will be made.
Customer is responsible for CALLING THE UNIT OFF RENT OR CHARGES WILL CONTINUE. Rates are base on 8 Hour day, 40 hour week, and 160 hour month. Additional overtime rate will apply at 1/6 of the daily rate when hours are exceeded.
CUSTOMER IS RESPONSIBLE FOR REFUELING THE EQUIPMENT. OUR REFUEL CHARGE IS $6.50 PER GALLON.
Customer is responsible for greasing all equipment and attachments associated with equipment after 8 metered hours of usage.
Customer is responsible for returning equipment and attachments in clean condition or a cleaning fee will be applied.
I certify that I have read and agree to all terms of this contract.
This Tool and Equipment Rental Agreement (“Agreement”) is entered into on the date below by and between Timberline Rentals, LLC (“Lessor”) and the undersigned (“Lessee”). This Agreement outlines the terms and conditions for renting tools and equipment from Lessor to Lessee.
1: TOOLS AND EQUIPMENT
1. Product. The equipment, tools, and accessories rented by the Lessee are listed in Exhibit A (“Rented Equipment”).
2. Condition. Lessee acknowledges that the Rented Equipment is in good working condition and suitable for its intended use at the time of rental.
2: RENTAL TERM
1. Term. The rental period will be on the start and end date outlined on the order, unless otherwise agreed in writing.
2. Extension. If Lessee wishes to extend the rental period, they must obtain written consent from the Lessor at least 2 days before the initial end date.
3: RENTAL PAYMENT
1. Rate. Lessee agrees to pay a rental fee on the order.
2. Method. Lessee agrees to pay all rental fees, deposits, and any applicable taxes or charges using one of the following payment methods:
(a) Credit Card (Visa, MasterCard, American Express, and Discover). (b) Debit Card
(c) Bank Transfer
(d) Cash (in-person only at the time of rental).
(e) Certified Check or Money Order (made payable to Timberline Rentals, LLC).
TIMBERLINE RENTALS’ TOOL AND EQUIPMENT RENTAL AGREEMENT Page 1 of 7
3. Timing. Unless otherwise stated, all rental fees and deposits are due at the time of signing this Agreement and before the release of any equipment to Lessee. Payments will be due for extended rentals as specified in the Rental Fee Schedule (Exhibit B).
4. Deposit. A security deposit could be required at the time of rental. The deposit will be refunded upon return of the Rented Equipment in satisfactory condition, less any deductions for damages, repair costs, or late fees.
5. Authorization for Recurring Charges. Lessee authorizes to charge the credit or debit card on file for any amounts due under this Agreement, including but not limited to rental fees, late fees, repair costs, replacement costs, or other charges arising from the Lessee’s use of Rented Equipment.
6. Late Fees. Late fees will apply if the Rented Equipment is not returned to the Premises by the agreed end date.
7. Refunds. Refunds for security deposits or overpayments will be issued within 7 days of the return of the equipment in satisfactory condition, less any deductions for repairs or other fees. Refunds will be processed through the original payment method unless otherwise agreed in writing.
8. Disputed Charges. Lessee must notify Lessor within 2 days of any disputed charges. If Lessor finds the charge to be valid, Lessee agrees to pay the amount due within 2 days of notification.
4: LESSEE’S RESPONSIBILITIES
1. Care. Lessee agrees to use the Rented Equipment safely and carefully, following all manufacturer guidelines. The Rented Equipment will only be used for its intended purpose.
2. Maintenance. Lessee is responsible for maintaining the Rented Equipment in proper working condition and will not perform unauthorized repairs or alterations.
3. Return. The equipment must be returned in the same condition as when received, except for normal wear and tear. Lessee agrees to cover any costs for repairs necessary due to damage, misuse, or neglect.
4. Right of Entry and Repossession. Lessee grants Lessor, and its agents, the right to enter any premises where the Rented Equipment is located to inspect or repossess the Rented Equipment upon Lessee’s default or failure to return the Rented Equipment as specified in this Agreement. Lessee waives any rights of action or claims against Lessor, its agents, or representatives, arising from or relating to Lessor’s entry onto such premises for repossession purposes.
5: OWNERSHIP
1. Ownership. The Rented Equipment remains the sole property of Timberline Rentals, LLC. Lessee has no rights or claims of ownership to the Rented Equipment.
6: LOSS OR DAMAGE
1. Risk of Loss. Lessee assumes all risk of loss, theft, or damage to the equipment from any cause. Lessee agrees to cover the total replacement costs of any lost or damaged equipment, subject to inspection and value by the Lessor.
2. Reporting. Any loss or damage must be reported to Lessor within 24 hours of the occurrence.
7: INDEMNIFICATION
1. Indemnification. Lessee agrees to indemnify and hold harmless Timberline Rentals, LLC, its agents, employees, and assigns from any and all claims, actions, liabilities, damages, losses, or costs, including—but not limited to—the attorney’s fees arising out of Lessee’s use, operation, handling, or possession of the Rented Equipment.
8: DEFAULT AND REMEDIES
1. Default and Remedies. If Lessee defaults on any obligation in this Agreement, including the failure to make payment or return the Rented Equipment on time, Lessor may reclaim the equipment immediately and seek any additional remedies under Texas law.
2. Recoveries. Lessor may charge Lessee for any expenses incurred in recovering or repairing the equipment due to Lessee’s breach of this Agreement.
9: MISCELLANEOUS
1. Entire Agreement. This Agreement constitutes the entire understanding between the parties. Any amendments or modifications must be in writing and signed by both parties.
2. Governing Law and Jurisdiction. The laws of the State of Texas govern this Agreement. Any disputes arising from this Agreement will be resolved in the appropriate court in Gregg County, Texas.
3. Attorney’s Fees. If any legal action is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to recover reasonable attorney’s fees and costs.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date on the signed order or invoice.
Rental Policies
Accounts All rentals are cash in advance - except for pre-approved charge accounts. Some rentals may require an additional deposit. Deposits vary per item. Deposits are given back upon return of equipment in good condition.
Payment: Required at time rental item is picked up. If driver’s license does not show a local address, payment by credit card may be required (excluding open account customers). We accept Visa, Master Card, and Discover. Debit cards may be used for payment, as long as they contain a Visa or Master Card logo. We also accept bank draft/ ACH payments.
Identification: A valid ID driver’s license is required for ALL rentals.
Delivery & Pickup: Delivery service is available. Rates vary according to distance, labor hours required, and type of equipment. Please contact our store for specific price quotes for deliveries.
Flat Tires: Flat tires are the sole responsibility of the customer.
Cleaning: All equipment is washed and serviced before rental. Additional charges may be added for equipment returned not cleaned.
Hours: Store hours are 7:00 AM - 5:00 PM Monday - Friday and Saturday by appointment only. For emergency service after hours please call (903) 987-3717
Rate Shifts: Rates are based on equipment being used on a standard eight (8) hours per day, five (5) days a week, twenty-eight (28) days per month cycle billing. Ask for a written quotation for the best possible price when using equipment for an extended period of time.
Reservations: Reservations for items are taken on a first come, first serve basis with precedence given to contracts with monies received.
Responsible Party: Rented equipment is the responsibility of the customer until Timberline Rentals LLC takes possession and inspects unit. In the case that equipment is lost, stolen, or damaged in any way, the customer will be charged the full replacement or repair cost.
ABSOLUTELY NO INSURANCE, LICENSE, SALES TAX, USE TAX, RENTAL TAX, CITY TAX, DMV TAX, OR DELIVER CHARGES ARE INCLUDED IN OUR PUBLISHED RENTAL RATES.
These policies do not supersede what is stipulated in signed rental contract