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Equipment Rental Agreement
This Rental Agreement (the “Agreement”) governs the rental of equipment from GP-Equip (“Lessor”) to the customer (“Lessee”) and is entered into in, and governed by the laws of, the State of Oregon. By signing a rental contract, picking up equipment, or accepting delivery, Lessee agrees to be bound by these terms.
Terms & Conditions
- 1.
Equipment & Rental Period
Lessor agrees to rent to Lessee the equipment described on the rental contract (the “Equipment”) for the period stated on that contract. The rental period begins when the Equipment leaves Lessor’s yard or is delivered to Lessee, and ends when the Equipment is returned to Lessor’s yard in the same condition as when received, normal wear and tear excepted. Rental charges accrue for every day (including weekends and holidays) the Equipment is in Lessee’s possession.
- 2.
Rental Charges, Deposit & Payment
Lessee shall pay the rates and charges set forth on the rental contract. A security deposit and payment method on file may be required at pickup or delivery. All amounts are due upon return of the Equipment unless otherwise agreed in writing. Past-due balances accrue interest at the highest rate allowed by Oregon law (ORS 82.010) until paid. Lessee is responsible for all collection costs and reasonable attorney fees incurred by Lessor in collecting amounts due.
- 3.
Inspection & Acceptance
Lessee acknowledges that Lessee has inspected the Equipment and found it to be in good working order, suitable for Lessee’s intended use, and free from defects. Any defects must be reported to Lessor before the Equipment leaves Lessor’s premises or, in the case of delivery, within two (2) hours of receipt.
- 4.
Use of Equipment
Lessee shall (a) use the Equipment only for its intended purpose and in a careful and proper manner; (b) comply with all federal, Oregon state, and local laws, ordinances, and regulations, including Oregon OSHA standards; (c) allow only competent, properly trained, and (where required) licensed operators to operate the Equipment; (d) not operate the Equipment under the influence of alcohol, cannabis, or any controlled substance; and (e) not remove the Equipment from the State of Oregon without Lessor’s prior written consent.
- 5.
Underground Utilities (Oregon Call Before You Dig)
For any rental involving digging, augering, trenching, or other ground-disturbing work, Lessee is solely responsible for contacting the Oregon Utility Notification Center by calling 811 or submitting a locate request at least two (2) business days before work begins, as required by ORS 757.541 to 757.571. Lessee assumes all liability for damage to underground utilities resulting from failure to obtain or follow locates.
- 6.
Risk of Loss; Damage to Equipment
From pickup or delivery until return, Lessee assumes all risk of loss, theft, vandalism, fire, and damage to the Equipment, regardless of cause. Lessee shall pay Lessor for any such loss or damage at full replacement cost, plus loss-of-rental income while the Equipment is out of service. The optional Damage Waiver, if accepted and paid for, modifies this section as described on the Damage Waiver page; it is not insurance.
- 7.
Maintenance, Fuel & Fluids
Lessor will provide the Equipment with a full tank of fuel and proper fluid levels. Lessee shall return the Equipment with a full tank of the correct fuel. If the Equipment is returned with less than a full tank, Lessee shall pay a refueling charge of $10.00 per gallon of diesel required to refill the tank, in addition to any rental charges due. Lessee shall perform daily operator checks (fluids, tires/tracks, greasing where applicable) and shall not perform any other repairs, modifications, or alterations without Lessor’s written authorization.
- 8.
Breakdowns
If the Equipment fails to operate properly through no fault of Lessee, Lessee shall stop using it immediately and notify Lessor. Lessor’s sole obligation is to repair or replace the Equipment within a reasonable time, or to issue a prorated credit for time the Equipment was out of service. Lessee shall not be entitled to any other damages, including loss of use, lost profits, or consequential damages.
- 9.
Insurance
Lessee shall maintain, at Lessee’s expense, (a) commercial general liability insurance with limits of not less than $1,000,000 per occurrence; (b) automobile liability insurance covering any towing vehicle; and (c) property/inland marine coverage on the rented Equipment for its full replacement value. Lessor shall be named as additional insured and loss payee. Proof of insurance shall be provided on request. This requirement is independent of any Damage Waiver.
- 10.
Indemnification
To the fullest extent allowed by Oregon law, Lessee shall defend, indemnify, and hold harmless Lessor, its owners, employees, and agents from and against any and all claims, damages, losses, liabilities, fines, and expenses (including reasonable attorney fees) arising out of or related to Lessee’s possession, use, operation, transportation, or return of the Equipment, except to the extent caused by Lessor’s sole negligence or willful misconduct.
- 11.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE EQUIPMENT IS RENTED “AS IS.”
- 12.
Limitation of Liability
IN NO EVENT SHALL LESSOR BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF USE. LESSOR’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE RENTAL CHARGES PAID BY LESSEE FOR THE EQUIPMENT GIVING RISE TO THE CLAIM.
- 13.
Late Returns
Equipment not returned by the agreed return time will continue to accrue rental charges at the standard rate. Equipment more than seventy-two (72) hours overdue, without prior written extension from Lessor, may be reported to law enforcement as theft of rented property under ORS 164.135.
- 14.
Default & Repossession
Lessee is in default if Lessee (a) fails to pay any amount when due; (b) breaches any term of this Agreement; (c) misuses the Equipment; or (d) becomes insolvent. On default, Lessor may, without further notice and to the extent permitted by Oregon law, enter any premises where the Equipment is located and repossess it, and Lessee waives any claim for trespass or damages arising from such repossession.
- 15.
Governing Law & Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or relating to this Agreement shall be the Circuit Court of the State of Oregon for the county in which Lessor’s yard is located.
- 16.
Entire Agreement
This Agreement, together with the rental contract signed at pickup or delivery and any attached schedules, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings. Any modification must be in writing and signed by both parties. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.
This page summarizes the standard terms of GP-Equip’s rental agreement for informational purposes and is not legal advice. The final, binding terms are those contained in the rental contract Lessee signs at pickup or delivery.