This agreement constitutes a binding rental contract between Load Max LLC(“LoadMax”) and the Renter(s) named on the contract.
1. Equipment Description and Intended Use: LoadMax agrees to rent the listed construction equipment to the Renter:
2. Pickup and Orientation: Equipment must be picked up at LoadMax’s facility, or delivered to an agreed location (additional delivery fees apply). Renter must allow at least 45 minutes for LoadMax personnel to provide an orientation on equipment operation, maintenance, and safety procedures. Pickups and deliveries are by appointment only. Missed appointments will require rescheduling based on availability. Pick-Up times are scheduled on a first come, first served basis. We cannot guarantee that your preferred time will be available. Earlier pick-up times may be accommodated as a courtesy only. All pick-ups are scheduled and by appointment only. If an appointment is missed, the pick-up time can be rescheduled for the next available opening.
3. Lawful Use: Renter certifies that they understand the equipment’s intended use and will operate it only for lawful purposes in compliance with LoadMax’s instructions, safety guidelines, and applicable laws.
4. Return Policy: Equipment must be returned by 5:00 PM on the scheduled return date unless prior approval for an extension is obtained. Late returns will incur an additional daily rental fee (please see events of Default in Section 11(a)). LoadMax will conduct a post-rental inspection within 10 days of return to assess for damages, excessive wear, or cleaning needs. Cleaning Fee: If the equipment is returned excessively dirty, a $250 cleaning fee will be applied.
5. Payment Terms: A $1,000 security deposit is required to secure the rental. Full payment is due prior to or at the time of equipment pickup. Payment methods include credit/debit card (card information can be completed in Appendix A), bank transfer, or certified check. Security deposits will be refunded within 14 business days after the post-rental inspection, less any charges for damages or additional fees.
6. Cancellation Policy: Cancellations made less than 7 days before the rental start date will result in forfeiture of the security deposit. No refunds will be issued for cancellations during peak periods or for early returns.
7. Insurance Requirements: Renter must provide proof of liability and physical damage insurance and must maintain coverage of the rental equipment at all times during the rental period. LoadMax offers optional rental insurance for an additional fee if Renter’s insurance does not cover the equipment.
8. Disclaimer of Warranties: LoadMax LLC makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or any other implied warranties arising by operation of law or otherwise. The equipment rented under this agreement is provided “as is” and “with all faults.” The Renter acknowledges and agrees that LoadMax LLC has not made and shall not be deemed to have made any representations, guarantees, or promises regarding the suitability, performance, or condition of the equipment beyond those expressly stated in this agreement.
9. Express Warranty for Initial Condition: LoadMax LLC warrants that the equipment shall be in good working condition at the time of delivery to the Renter. The Renter shall inspect the equipment upon delivery and notify LoadMax LLC within 24 hours of any defects, malfunctions, or damages. Failure to provide such notice within this period shall constitute acceptance of the equipment in good working condition. LoadMax LLC’s obligation under this express warranty is limited to repairing or replacing the defective equipment, at its sole discretion, and within a reasonable timeframe. This warranty does not cover defects or malfunctions caused by the Renter’s misuse, negligence, or failure to perform required maintenance during the rental period.
10. Limitation of Liability. To the fullest extent permitted by law, LoadMax LLC shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, lost business opportunities, or loss of use, arising out of or relating to the rental or use of the equipment. LoadMax LLC’s total liability for any claims, losses, or damages under this agreement shall not exceed the total rental fees paid by the Renter during the rental term in which the claim arose. This limitation applies regardless of whether the claim is based on contract, tort (including negligence), or any other legal or equitable theory.
11. Equipment Use and Responsibility: The Renter assumes full responsibility for the equipment during the rental period. Any damages, loss, or theft of the equipment while in the Renter’s possession will be the Renter’s financial responsibility. Unauthorized repairs or modifications to the equipment are prohibited. Renter assumes the risk of injury for any use of the equipment that is outside the scope of the intended purpose of the rental.
12. a. Events of Default: The Renter shall be deemed in default under this Agreement if any of the following occur:
o Failure to pay rental fees, charges, or any other amounts due under this Agreement within 5 days of the due date.
o Misuse, negligence, or unauthorized use of the equipment.
o Failure to perform required maintenance or routine care of the equipment as specified in this Agreement.
o Failure to return the equipment at the end of the rental term.
o Damage to or loss of the equipment due to Renter’s negligence, misuse, or intentional misconduct.
o Breach of any other term or condition of this Agreement.
o Filing of bankruptcy, insolvency, or similar proceedings by or against the Renter.
b. Notice of Default: LoadMax LLC shall provide written notice of default to the Renter. If the default is not cured within 5 days of such notice (or immediately for non-curable defaults such as misuse, damage, or illegal use of the equipment), LoadMax LLC may proceed with the remedies outlined in this Agreement.
c. Remedies: Upon default, LoadMax LLC may exercise any or all of the following remedies:
1. Repossess the Equipment: Recover possession of the equipment without further notice or legal action, and the Renter agrees to grant LoadMax LLC, or its agents access to the equipment for this purpose.
2. Accelerate Payment: Demand immediate payment of all outstanding amounts due under this Agreement, including unpaid fees and damages.
3. Additional Charges: Impose late fees, penalties, or other charges for the unauthorized retention or misuse of the equipment.
4. Repair or Replacement Costs: Recover all costs associated with repairing or replacing the equipment due to damage, loss, or excessive wear and tear caused by the Renter.
5. Termination of Agreement: Immediately terminate this Agreement and deny the Renter any future rentals.
6. Legal Action: Pursue legal remedies available under applicable law to recover amounts due and enforce the terms of this Agreement.
d. Costs of Enforcement: The Renter shall be liable for all costs incurred by LoadMax LLC in enforcing this Agreement, including, but not limited to, reasonable attorney’s fees, court costs, repossession expenses, and any other related expenses.
e. Waiver of Liability: LoadMax LLC shall not be liable for any losses or damages incurred by the Renter or third parties resulting from LoadMax LLC’s enforcement of its rights under this section, including repossession or termination of the Agreement.
13. No Third-Party Reliance: The warranties, liabilities, and limitations described in this agreement are for the sole benefit of LoadMax LLC and the Renter and shall not create or extend any rights or benefits to third parties, including subcontractors or employees of the Renter.
14. Maintenance, Repairs, and Fuel Policy: The Renter is responsible for routine maintenance during the rental period, including refueling, lubrication, and general upkeep. Equipment must be returned with a full fuel tank. A refueling fee of $5 per gallon will apply if the tank is not full upon return.
• The Renter shall be responsible for daily maintenance and routine care of the equipment, including cleaning, refueling, and lubricating as necessary.
• LoadMax LLC shall be responsible for repairs due to normal wear and tear unless such repairs are necessitated by the Renter’s improper use, negligence, or failure to maintain the equipment in accordance with the manufacturer’s guidelines and this agreement.
• The Renter shall notify LoadMax LLC immediately upon discovery of any damage, malfunction, or defect in the equipment. Continued use of the equipment in a damaged condition shall void any warranty and result in the Renter assuming full liability for all resulting damages.
15. Cleaning and Prohibited Use: Equipment must be returned in clean condition. Excessive cleaning requirements will result in a $250 fee. The Renter agrees not to:
• Use the equipment for illegal or unauthorized purposes.
• Transfer or sublease the equipment to a third party without LoadMax’s written consent.
• Operate the equipment negligently or outside its intended use.
16. Indemnification: The Renter agrees to indemnify and hold LoadMax LLC harmless from and against any and all claims, damages, or liabilities arising from the Renter’s use of the equipment, except to the extent such claims arise from LoadMax LLC’s gross negligence or willful misconduct.
17. Assumption of Risk: Renter assumes all risks associated with the use of the equipment and agrees to hold LoadMax harmless in the event of injury or property damage.
18. Governing Law: This agreement shall be governed by the laws of the State of Utah. Any disputes arising under this agreement will be resolved in the courts of Salt Lake County, Utah.
19. Entire Agreement: This document constitutes the entire agreement between LoadMax and the Renter. Any amendments must be in writing and signed by both parties.