Rental Agreement

1. Introduction

This Rental Agreement is made between ZapGO Rentals Owner and the undersigned customer Renter. By signing this Agreement, Renter agrees to rent cleaning equipment and solutions from Owner according to the terms and conditions set forth below.

2. Rental Term

The rental term begins on the date and time the equipment is delivered to Renter and ends on the date and time the equipment is returned to Owner or picked up by Owner. Extensions of the rental period must be agreed upon by both parties in writing.

2.1 ELIGIBILITY 

You must be 18 years of age or older to enter into this Agreement with ZapGO Rentals.

3. Rental Fees

Renter agrees to pay the rental fees as specified in the order confirmation. Rental fees are due at the time of equipment delivery unless otherwise agreed upon. Any late returns will incur additional charges at the daily rental rate.

4. Security Deposit

A security deposit of $[amount] is required at the time of rental. This deposit will be refunded to Renter upon the return of the equipment in good condition, less any applicable charges for damage, loss, or additional cleaning required.

4.1 RISK ACKNOWLEDGEMENT 

By renting the Equipment, the Renter: (a) acknowledges and agrees that the use of Equipment is dangerous and may pose a risk to the safety of the Renter and others and to damage to property; (b) represents and warrants that it has the requisite skill, knowledge, preparation and training to operate the Equipment safely and effectively, or if it does not, the Equipment will only be operated by an operator supplied by the Owner; and (c) assumes full and complete responsibility for all losses, costs, injuries and damages that it or others may incur as a result of using any Equipment as set forth in this Agreement

5. Use of Equipment

Renter agrees to use the equipment in a safe and appropriate manner, following all operating instructions provided by Owner. Renter shall not use the equipment for any illegal purpose or in any manner that could damage the equipment.

5.2 CHANGE OF SITE 

The Equipment shall not be moved from the site to which it was delivered or consigned without the prior written consent of the Owner. 

6. Maintenance and Repairs

Renter is responsible for routine maintenance and care of the equipment during the rental period. Any repairs or replacements required due to misuse, negligence, or accident will be the responsibility of Renter.

6.1 REFUELING SERVICE CHARGE
Renter acknowleges that a “Refueling Service Charge” will be applied to all Equipment not returned with a fuel tank at the same fuel level as when Renter received the Equipment. The exact cost of the Refueling Service Charge will vary depending on the date Renter returns the Equipment. Renter acknowledges that the Refueling Service Charge is not a retail sale of fuel. Renter may avoid the Refueling Service Charge if Renter returns the Equipment with a fuel tank at the same fuel level as when Renter received the Equipment. If the rental unit is propane fueled and requires filling a flat fee will be charged regardless of the amount used. 

6.2 CONDITION AND ACCEPTANCE 

The Owner represents and warrants that to the best of the Owner’s knowledge and belief, the Equipment is in good operating condition and working order. If the Renter does not notify ZapGO Rentals in writing within twenty-four (24) hours of the Equipment being delivered, the Equipment shall be deemed to be in good operating condition and working order. 

7. Return of Equipment

Renter agrees to return the equipment in the same condition as it was at the start of the rental period, normal wear and tear excepted. Equipment should be returned clean and free of debris. Additional cleaning charges may apply if the equipment is not returned in an acceptable condition.

8. Loss or Damage

Renter is responsible for any loss, theft, or damage to the equipment during the rental period. In the event of loss or damage, Renter agrees to pay for the repair or replacement costs as determined by Owner.

INSURANCE 

8.1 The Renter shall, at its own expense, place and maintain during the entire term of this Agreement (a) commercial general liability insurance with an insurance limit not less than $2 million per occurrence and $4 million in the aggregate; and (b) property insurance for the full replacement cost of the Equipment, including coverage for all risks of loss or damage to the Equipment. 

8.2 The Owner and ZapGO Rentals shall be named as additional insured parties on Renter’s insurance policies. 

8.3 The Renter must satisfy the insurance requirements of this clause 8.1 at its own expense. In the event of damage amounting to actual or constructive total loss of the Equipment, the Owner shall be entitled to retain from all insurance proceeds an amount equal to the replacement value of the Equipment. 

8.4 At the Owner’s request the Renter will provide evidence acceptable to the Owner that the insurance coverage is in effect (but the Owner is not obliged to determine or advise the Renter if there is adequate coverage in effect). If the Renter fails to provide proof of adequate insurance coverage, as determined solely by the Owner, the Owner may consider this a default of this Agreement. The Renter hereby appoints the Owner its agent and attorney to make claims and receive payment in accordance with the provisions of such policies. 

8.5 The Owner shall, at its own expense, place and maintain, during the entire term of this Agreement, general public liability and property damage (including bodily injury and contractual liability) insurance and shall include ZapGO Rentals as a named insured thereon.

 RENTAL PROTECTION PLAN

8.6 In the event that the Customer accepts and pays for the Rental Protection Plan option and loss or damage of the Equipment occurs that is covered under the Rental Protection Plan, the Customer is responsible for the payment of the deductible of $1000 per occurrence, (the “Deductible”), and ZapGO Rentals waives its claim against the Customer for any amount in excess of the Deductible, up to $5,000.00. The Rental Equipment Protection shall not apply to the Customer when the Equipment is being held against the will and consent of ZapGO Rentals, or if the cause of the loss or damage is outside of the terms of the Rental Protection Plan. It is at ZapGO Rentals sole discretion as to whether the loss or damage is within the terms or the Rental Protection Plan. The Customer’s obligation to insure for Public Liability is not waived hereunder. 

 RENTAL EQUIPMENT PROTECTION EXCEPTIONS 

8.7 Notwithstanding the Customer’s acceptance of the Rental Equipment Protection, the Customer shall be liable for all loss or damage from acts or omissions that are negligent, as determined by ZapGO Rentals in its sole discretion. Examples of items that are NOT COVERED include, but are not limited to: 

● Equipment that has disappeared under suspicious or mysterious circumstances that would be classified as missing inventory. 

● Loss where reasonable security precautions were not taken, such as Equipment left unsupervised, unsecured overnight, in a parked motor vehicle (whether it was operative or being used for storage). 

● Loss or damage caused by or due to employee, sub-trade or agent infidelity. 

● Damage caused by improper operation or servicing of the Equipment, including, but not limited to, overloading, exceeding rated capacities, improper use, negligent operation, damage caused by: lack of fuel or lubrication, improper fuel or fuel mixtures, failure to maintain proper oil, water, hydraulic or air pressure levels, low voltage, or the use of inappropriate extension cords (either too long or too light). 

● Damage to expected wear items, including but not limited to, carbide and diamond drills, carbide and diamond blades, carbide bits or cutters, hammers, or breaker tools. 

● Damage to tires, tubes, windows, drill bits, cutting blades/chains, points or chisels. 

● Damage to Equipment while in transit, including but not limited to, damage caused by overturning, or collisions with bridges or overpasses. Any such damage must be covered/claimed under the insurance policy for the transport vehicle. 

● Damage to Equipment caused by operators of other moving vehicles or other equipment. Any such damage must be covered/claimed under the insurance policy for the other vehicle or other equipment. 

● Damage caused by use or operation of the Equipment in violation of the Rental Agreement, construction safety laws including but not limited to the Occupational Health and Safety Act, national building codes, regulatory certification/requirements/licensing or any other applicable laws or regulations. 

● Cleaning charges. 

● Loss or damage exceeding $5,000.00, less the Deductible. 

9. Liability

ZapGO Rentals, is not liable for any injuries, damages, or losses incurred while using the rented equipment. Renter agrees to indemnify and hold Owner harmless from any claims, actions, or demands arising from the use of the equipment.

10. Termination

Owner reserves the right to terminate this Agreement and retake possession of the equipment if Renter breaches any terms of this Agreement or engages in any illegal activity. Renter will be responsible for any costs incurred by Owner in retaking possession of the equipment.

11. EXTENSION OF THE RENTAL PERIOD 

If the Renter wishes to extend the Rental Period, the Renter must give written notice to the ZapGO Rentals, at least twenty-four (24) hours before the return date described in the Rental Terms, setting out the proposed new return date for the Equipment. In regards to equipment that is being off rented; it requires written communication. Failure to do so will result in an extension until written confirmation is received by ZapGO Rentals and all additional rental fees and associated costs incurred will be billed to the renter. 

 If the Owner agrees to the requested extension of the Rental Period, it shall notify ZapGO Rentals who shall send an invoice to the Renter which corresponds to the extension of the Rental Period and the Renter agrees that ZapGO Rentals may charge the Renter’s credit card for the amount contained in such invoice before the original return date described in the Rental Terms or as soon as practicable thereafter. 

PAYMENT TERMS 

Payments are accepted via credit card only. Machine will be reserved upon receipt of payment. If renter keeps the unit longer than the original rental period, the extension will automatically be processed via credit card at the start of the next period. For long term rentals exceeding one month, the first month’s payment will be processed via credit card before the unit goes out.

 The following months will be automatically charged to the renter’s credit card after the first month has finished. The undersigned authorizes ZapGO Rentals to retain my credit card information provided below and to use such information at any time during the duration of this Agreement to charge my credit card for all rent and incidental amounts (including rent for additional days or hours, and back charges for fuel, cleaning or damages) provided for in this agreement and any other agreements between Owner and Renter. 

The Rental Amount due under this Agreement shall be paid monthly, weekly, daily or hourly (as the case may be) in advance through the Website in accordance with the Offer. Overdue payments shall bear additional interest at the rate of the lesser of (a) 24% per annum or (b) the maximum rate of interest permitted under any applicable law until payment in full. Any security deposit paid by the Renter through the Website is paid to guarantee the Renter’s full performance of the terms of this Agreement and will be returned to the Renter only upon the Renter irrevocably performing all of the Renter’s obligation under this Agreement. The Renter agrees that in the event of any breach of this Agreement by the Renter, the security deposit may be credited against the cost of any damages or expense incurred by the Owner or ZapGO Rentals as a result of such breach. 

The Renter shall pay “over hours” charges when usage of the equipment exceeds limits of 8 hours for any given calendar day, 40 hours for any given calendar week and 160 hours for any given 4-week period. Over hours rates may vary by ZapGO Rentals depending on the amount over the daily, weekly, and 4-week limits. Charges will be invoiced to the Renter when the ZapGO Rentals determines the charge amounts, which may be after the rental period has completed. 

By accepting the terms and conditions of this agreement, the Renter is authorizing ZapGO Rentals to process future payments using any of the payment methods, including credit cards, provided by the Renter or payment methods, including credit cards, provided by others on the Renter’s behalf. The payments may be processed for charges including, but not limited to, rental extensions, damage, over hours, or incidental charges. 

*A cancellation fee will apply if the Renter cancels the order after the Owner accepts and books the order. The minimum cancellation fee is $175, however as determined by the Owner it could result in as much as the full rental cost as well as delivery fees.

*Environmental Fee. 

An environmental fee of two percent (2%) of the Rental Rate will be charged for each Rental Term throughout the Rental Period on all mechanized (engine) driven Equipment. If the Rental Rate for the Equipment is increased, the 2% environmental fee will be charged on the increased Rental Rate for that Rental Term. THE FEE IS NOT A TAX OR A GOVERNMENTAL CHARGE. The fee helps offset environmental - related risks and expenses, both direct and indirect, incurred by CCI including but not limited to: (i) waste disposal, (ii) oil recycling,

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of [State], without regard to its conflict of laws principles.

12. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings and agreements, whether written or oral, regarding the rental of the equipment.

13. Amendments

No amendments or modifications to this Agreement shall be valid unless in writing and signed by both parties.