Powertool Service Rental Addendum to PSS Industrial Group General Terms and Conditions
This Powertool Service Rental Addendum (this “Addendum”) is incorporated into and made a part of the Agreement (as defined in the PSS Industrial Group General Terms and Conditions (the “General Terms”) to which this Addendum is attached or in which this Addendum is referenced) between Pipeline Supply & Service, LLC, its affiliates, parents or subsidiary entities (collectively, “PSS”) and the party renting Goods from PSS under the Agreement (“Customer”). The terms and conditions contained in this Addendum are in addition to, and not in lieu of, those contained in the General Terms. In the event of any conflict between the terms and conditions contained in this Addendum and the terms and conditions contained in the General Terms, terms and conditions contained in this Addendum will control. Capitalized terms used but not defined in this Addendum have the meanings given thereto in the General Terms.
- Rental Period: The “Rental Period” begins when the Goods rented to Customer (the “Equipment”) are picked up by Customer at PSS’s premises (the “Store”), or delivered to Customer or Customer’s job site designated in the purchase order (collectively, the “Site”), and ends as provided for in Section 6 below. During the Rental Period PSS may have access to and may inspect the Equipment and perform maintenance without notice.
- Pick Up, Delivery, and Risk of Loss: Risk of loss and damage to the Equipment or caused by the Equipment passes to Customer when Customer has possession or control of the Equipment, either at time of pick up from the Store or delivery to the Site, and passes back to PSS once PSS is in possession of the Equipment. Customer acknowledges having examined (or had the opportunity to examine) the Equipment at the time of pick up or delivery. Customer authorizes PSS to deliver the Equipment to the Site without obtaining a written delivery receipt. After delivery, Customer is responsible for the return of the Equipment (see Section 6 below), and for any loss or damage to the Equipment or caused by the Equipment, including PSS’s cost to repair or replace the Equipment and related costs, which may include an administrative fee, loss of use, appraisal fees and costs of recovery.
- Operators of Equipment: Customer is responsible for ensuring each operator of the Equipment is properly trained and qualified, and ensuring that all operators are of legal age, have a valid operator’s license, are not under the influence of drugs or alcohol, and are in compliance with all applicable laws, rules and regulations. Only Customer, its agents, representatives or employees acting in the course of their employment, may use or operate the Equipment. Except for any training required by law, PSS is not responsible for providing operator training unless Customer requests and pays for that training.
- Condition of Equipment – Notice of Unsafe Condition: Prior to each use, Customer will inspect the Equipment to confirm that it is safe and in good operating condition, without defects, with readable decals and operating and safety manuals, and that it is suitable for Customer’s intended use. Use of the Equipment is an acknowledgment that it is safe and in good working order and that Customer has received all safety and other information necessary to operate the Equipment. Customer will immediately notify PSS if there is an accident involving the Equipment or if it is defective, malfunctioning, lost, damaged, stolen or unsafe, and must immediately discontinue its use.
- Equipment Use: The Equipment may only be used: (a) at Customer’s designated Site; (b) outside of any contaminated area or exposure (the use around or with any hazardous materials, wastes, substances, toxins or biomedical hazards is prohibited); and (c) in accordance with manufacturer’s rated capacity and operating instructions. The Equipment must be protected and kept in a secure location while in Customer’s possession or control. Customer may not (i) alter, disfigure, or cover up any numbering, lettering, decals, or insignia on the Equipment or remove any operation or safety manuals; (ii) sublet, loan or dispose of the Equipment; (iii) move the Equipment from the Site without PSS’s written consent; (iv) use the Equipment in a negligent, reckless, illegal, unauthorized or abusive manner or to transport any explosives or hazardous materials; or (v) allow the operation of the Equipment for an illegal purpose or by any unauthorized operator. If the Equipment is to be used in Canada, the Customer represents and warrants to PSS that the Customer is entering into this Agreement only for business or commercial purposes and not for personal, family, household, or farming purposes, or in connection with the operation of a farm, ranch or feedlot, and the Equipment will not be used for such purposes.
- Return of Equipment: At the end of the Rental Period, the Equipment must be returned to PSS in the same condition it was received, less ordinary wear and tear, properly cleaned and free of any hazardous materials and contaminants. The Rental Period will not terminate and rental charges will continue to accrue if the Equipment is not returned in this condition. For Equipment that is to be picked up, Customer must notify PSS at the time the Equipment is ready to be picked up at the Site. No pickups will be made on Sundays or legal holidays, and Saturday pickups are dependent on specific Store hours. If Customer is returning the Equipment to the Store, it must be returned to the same Store it was rented from during that Store’s normal business hours. Any loss of or damage to the Equipment resulting from a return other than as set forth above is Customer’s responsibility. If the Equipment is not returned by the estimated end of the Rental Period specified in the purchase order, in addition to the charges set forth in this Addendum, Customer agrees to pay the applicable rental rate for the Equipment until the end of the Rental Period.
- Compliance with Law and Safety Regulations: Customer agrees to comply with all laws and regulations, including the Occupational Safety and Health Administration Act and all other Federal, state, provincial and local laws, regulations, and ordinances, as applicable, which may affect the Equipment or its use while in the possession of Customer. Customer may not disable or alter any safety device on the Equipment.
- Customer Insurance Obligations: Customer agrees to maintain appropriate insurance protecting PSS from all loss, damage, expense, or penalties arising from or related to the use of the Equipment during the Rental Period. This insurance must include bodily injury, property damage, general liability, and automobile liability coverage, with limits of at least $1,000,000 for each person and each occurrence. Customer agrees cause its insurer to name PSS as an additional insured on such policies and not terminate any such policy without providing 30 days’ advance notice to PSS. For transactions in the United States of America, Customer must either elect to name PSS as loss payee evidencing coverage for theft or physical damage to the Equipment in an amount equal to the greater of the aggregate value of all Equipment or a minimum of $25,000, or elect the LDW Program (as defined below). In addition, Customer must have a certificate of insurance on file with PSS or provide a certificate of insurance evidencing all required coverage at the time of rental. PSS does not provide, extend or afford any insurance coverage to Customer, or any passenger or operator of the Equipment. The insurance coverage provided for above will not act to limit Customer’s liability under this Agreement, and Customer will be responsible for any loss or damage to the Equipment until it is returned pursuant to Section 6 of this Agreement.
- Loss Damage Waiver Program: If Customer elects to participate in PSS’s Loss Damage Waiver Program (the “LDW Program”), Customer must notify PSS thereof prior to the Rental Period and pay PSS the then effective LDW Program fee. Customer understands and agrees that the LDW Program is not insurance. Customer is responsible for loss or damage to the Equipment, subject to the provisions of the LDW Program. The LDW Program can be found at www.pssigroup.com or in any Store. In the event of a breach of the Agreement by Customer, the LDW Program protection will be void, and Customer will be liable for the full replacement value and related expenses for loss or damage to the Equipment.
- Overtime, Refueling, and Other Charges: Customer will pay all rental time, mileage, delivery charges, surcharges, service, transportation, refueling, and environmental fees, taxes, and all other charges for the Equipment as specified by PSS. The basic daily, weekly and four-week rental entitles Customer to a maximum of one-shift use based on an 8 hour day, 40 hour week, or 160 hours for four weeks. In the event the Equipment is used for a longer period, additional overtime rental will accrue at the hourly rate of one-eighth (1/8) of the daily charge (daily rental), one-fortieth (1/40) of the weekly charge (weekly rental) and one-one hundred sixtieth (1/160) of the four-week charge (four-week rental), plus applicable taxes. Customer must return the Equipment with full fuel tanks or be subject to a re-fueling charge.
- Remedies of PSS: In the event of default, or if Customer fails to return the Equipment on the date due for any reason, Customer agrees that PSS may enter without notice the Customer’s premises to repossess or render the Equipment inoperable. PSS may also terminate this Agreement without notice and without prejudice to any other claim PSS might have against Customer. Customer is liable for any loss or damage to the Equipment or caused by the Equipment, or for a breach of this Agreement, notwithstanding the termination. PSS’s remedies under this Agreement are cumulative and in addition to all other remedies existing at law or in equity.