Lessee agrees to the terms and conditions set forth on the face and reverse side hereof. Any
different or additional terms, whether written or otherwise, are hereby objected to and shall
have no legal force or applicability whatsoever. This agreement may be signed and delivered
by email or text message and shall be binding on the parties.
A signature on credit card receipt or invoice is an agreement of rental terms and conditions.
A physical copy of this contract is available upon request in its entirety.
See the reverse side and any other additional pages of this document for the terms and
conditions.
Terms and conditions:
PAYMENT TERMS: Rental dues must be paid up front, prior to release or delivery of items.-
Payment taken upon delivery of items by a 212 Equipment employee is available for the lessee
if agreed upon ahead of time by 212 Equipment and the lessee. Credit card payments on an
invoice totaling over $2,500.00 are subject to a 3.5% processing fee. Returned checks are
subject to a $30 fee.
FOR LESSEES WITH CHARGE ACCOUNTS: Lessee’s with charge accounts set up with 212
Equipment agree to net thirty (30) day terms for their invoices. Lessees may request to set up
a charge account with 212 Equipment. Lessees with unpaid invoices aging longer than thirty
(30) days will be subject to standard rental terms
INSPECTION: Lessee acknowledges that they have personally had an opportunity to inspect
the items and finds them suitable for their needs and in good condition and understands its
proper use.
FUEL CHARGES: All rental items are expected to be returned, in the case of rentals where the
lessee is transporting the items; and picked up, in the case of 212 Equipment transporting the
items, to have the same amount of fuel onboard as during the start of the rental period. Lessee
will be charged $7.00 per gallon of fuel, whether gasoline or diesel, in the event of insufficient
fuel upon the end of the rental period.
RENTAL RATES: Rental rates shall apply for the entire time the items are away from
212 Equipment’s place of business regardless of weather. No allowance will be made for
non-operation because of holidays, strikes, weather, or any other reason unless immediate
notice is given by the Lessee and prior approval received from 212 Equipment.
LOADING, UNLOADING, AND TRANSPORATION: For rentals where the Lessee is transporting
the items, the Lessee shall, at their own risk, perform all loading, unloading, installing,
dismantling, or hauling. For rentals where the Lessee has hired 212 Equipment to transport
the items, 212 Equipment is responsible for loading, unloading, and hauling. The Lessee is
responsible for the items upon delivery, and is from that point forwards liable for any damage
or loss to the items.
DEFINITION OF RENTAL PERIODS: One day is one (1) 24-hour period, or eight (8) hours of use,
whichever comes first. One week is seven (7) calendar days, five (5) working days or forty (40)
hours of use, whichever comes first. One month is twenty-eight (28) calendar days, twenty (20)
working days, or one-hundred-and-sixty (160) hours of use, whichever comes first. A $40 per
hour charge will be assessed to any item usage beyond the hours indicated in the respective
rental period, or combination of rental periods.
INSURANCE: Lessee acknowledges that they have been advised herein by 212 Equipment to
insure the items in case of injury, loss, or damage. No coverage is provided by 212 Equipment. In
the case of a long-term rental of more than one (1) month, 212 Equipment requires the lessee
to provide a Certificate of Insurance (COI), showing that the rented items have been added to
their insurance policy.
REPLACEMENT OF MALFUNCTIONING EQUIPMENT: If the items become unsafe or in disrepair
as a result of normal use, the Lessee agrees to discontinue the use and notify 212 Equipment
who will replace the items in good working order, if available. 212 Equipment is not responsible
for any incidental or consequential damages caused by delays or otherwise. Replacement of
the items and credit for down time shall be the Lessee’s sole remedy. The Lessee waives any
claim for consequential damages or incidental damages.
WARRANTIES: There are no warranties of merchantability or fitness for a particular purpose,
either expressed or implied. There is no warranty that the equipment is suited for the Lessee’s
intended use, nor that it is free from defects. 212 Equipment has made no warranty regarding
the items except that they will be in good operational condition when loaded for transit, whether
by the Lessee or by 212 Equipment.
INDEMNITY: The Lessee agrees to indemnify and reimburse 212 Equipment for all liabilities,
including attorney fees and costs, of 212 Equipment, its agents or third parties arising out of
the use of the items or a breach of this contract by the Lessee including those arising 212
Equipment’s negligence or the negligence of a third party.
PROHIBITED USES: Use of the items in the following circumstances is prohibited, and
constitutes a breach of this contract:
Use for illegal purposes or in an illegal manner
Use when the equipment is in bad repair or is unsafe
Improper, unintended use or misuse
Use by anyone other than the Lessee or its employees, without 212 Equipment’s written
permission
Use at any location other than any address given to 212 Equipment without 212 Equipment’s
permission
Altering or modifying the equipment in any way.
This is not intended to be an exhaustive or complete list of prohibited uses.
ASSIGNMENTS, SUBLEASES, AND LOANS OF EQUIPMENT: 212 Equipment may assign its
rights under this contract without the Lessee’s consent, but will remain bound by all obligations
herein. The Lessee may not sublease or loan any rented items without 212 Equipment’s written
permission. Any purported assignment by the Lessee is void.
MAINTENANCE OF EQUIPMENT: The Lessee shall be responsible for daily maintenance and
service of the items. This includes, but is not limited to, greasing, checking and maintaining
proper fluid levels (checking and “topping off”), cleaning air filters, or any other minor
attention that might be reasonably expected. The Lessee may not make any adjustments,
repairs, or replace any components on any items without 212 Equipment’s written consent.-
These adjustments and repairs include carburetor adjustments, hose replacements, installing
hardware, or any other similar activities. Any long term service intervals that arise during the
course of the rental period should be brought to 212 Equipment’s attention, by the Lessee,
to give the items proper maintenance. These service intervals include, but are not limited to,
engine oil changes, and compressor oil changes.
DIRTY, DAMAGED, OR LOST EQUIPMENT: The Lessee agrees to pay for any damage to, or loss
of the items, as an insurer, regardless of cause, except for reasonable wear and tear, while
the items are out of the possession of 212 Equipment. Also, if the Lessee returns items in an
excessively dirty condition, with chemical damage to paint, debris or wire tangled in items, or
any other damages incurred while items are in the Lessee’s possession, cosmetic or otherwise,
that can be reasonably determined to be outside of the definition of normal wear and tear, the
Lessee will be charged for the total costs of restoring the items to their cosmetic and functional
condition prior to the start of the rental period. Any items returned excessively dirty will result
in a cleaning fee of $100 assessed to any Lessee that does not return the items in a clean
condition.
SMOKING IN AND AROUND EQUIPMENT: The Lessee and their employees agree not to smoke,
whether in the form of cigarettes, cigars, pipes, e-cigarettes, vapes, inside and in the immediate
vicinity of the items, or take part in any other activities that can result in the odor and residues
of such residues being left behind in or on the items. Any evidence of smoking, including odor
and residue, will result in a cleaning fee of $250 assessed to any Lessee that smokes in a rental
item.
COLLECTION COSTS AND GOVERNING LAW: The Lessee agrees to pay all costs involved
in collection of the charges or enforcement of 212 Equipment’s rights under this contract
including but not limited to attorney’s fees, collection agency fees, court costs, deposition and
transcript fees, expert witness fees, sheriff’s fees, special process server and skip tracing fees,
repossession fees and bond cost. The Lessess consents to jurisdiction and venue for the
enforcement of any term of this lease with the Circuit Court of Carver County, Minnesota or any
adjacent county at 212 Equipment’s sole election. Minnesota law will apply to this transaction.
REPOSSESSION: Upon a failure to pay rental dues or other breach of this contract, 212
Equipment may terminate this contract and take possession of and remove the items from
wherever they are located, and 212 Equipment and its agents shall not be liable for any claims
for damage or trespass arising out of the items. The Lessee further agrees to reimburse 212
Equipment for all costs and attorney’s fees associated with repossession.
TERMINATION: The Lessee may terminate the lease at any time after the initial rental period,
either by returning the equipment to 212 Equipment, or by requesting pickup of the items by
212 Equipment. Furthermore, 212 Equipment may terminate the lease at any time by sending a
notice to the Lessee by physical delivery, regular mail, email, text message, or any other means
of telecommunication. Upon sending of a Notice of Termination, the Lessee shall immediately
return the items to 212 Equipment. If the Lessee fails to return the items within two (2) days
after receipt of the Notice of Termination, they shall be liable for double the rental rate specified
herein until the items are in 212 Equipment’s possession. If the Lessee fails to return, or interfere
in the pickup of the items by 212 Equipment within two days of the receipt of the Notice of
Termination, they shall be guilty of theft and conversion.
FAILURE TO RETURN ITEMS DURING BUSINESS HOURS: All items must be returned within
212 Equipment’s regular business hours, unless otherwise agreed upon in writing between 212
Equipment and the Lessee. In the event that goods are not returned during 212 Equipment’s
normal business hours, whether previously agreed upon or as the result of the failure of the
Lessee to return and items during normal business hours, the Lessee agrees to pay for any
damage to or loss of the items occurring between the time of return and the commencement
of of the next business day.
DISCLAIMER OF MANUFACTURE: The Lessee agrees that 212 Equipment is neither the
manufacturer of the items nor the agent of the manufacturer.
OPERATORS OF EQUIPMENT: The Lessee agrees that the items shall be used only by persons
competent in their operation and agrees to be responsible for providing competent operators.-
Furthermore, the Lessee acknowledges that 212 Equipment and its employees are available for
troubleshooting help during the period of the rental during normal business hours by phone
call, text message, email, or other means of telecommunication, and that 212 Equipment is not
liable for any loss of time for the Lessee as a result of improper use of the items by the Lessee
and their employees due to incompetent operators.
TITLE: This agreement is not a contract of sale. Title and ownership of the items are, and shall
remain, in the possession of 212 Equipment.
OPTION TO PURCHASE: Unless a written agreement of an option to purchase by the Lessee
at the termination of the Lease of the items described herein is completed, no option to
purchase exists and all rentals paid will be considered non-applicable to any purchase of this
equipment. Any option to purchase agreed upon by the Lessee and 212 Equipment shall be
processed as follows: 212 Equipment shall apply 70% of the pre-tax subtotal of the total rental
dues towards the agreed upon purchase price of the items described herein.
TAXES: The Lessee agrees to pay and indemnify 212 Equipment for all taxes incurred with the
rental of the items including the Carver County Transit Tax and any other similar tax.
LAWS: The Lessee agrees to comply with and conform to all Municipal, State, and Federal laws
relating to the operation of items described herein and to pay all costs and expenses of every
character occasioned by or involving the use or operation of said items.
SEVERABILITY: The provisions of this agreement shall be severable so that the invalidity,
unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
SUBROGATION: In the event of any loss or damage to the rented items, 212 Equipment will
be subrogated to the Lessee’s rights of recovery against any person, firm or corporation. The
Lessee will execute and deliver instruments and papers and do whatever else is necessary to
secure such rights. It will cooperate fully with 212 Equipment or its insurers in the prosecution
of those rights and will not take any action to prejudice the Lessee’s rights.
SECURITY: The Lessee hereby assigns, as security for the payment of all monies to become
due pursuant to this agreement, all of its existing or hereinafter acquired: accounts receivables,
claims, equipment, accounts and assets of whatever kind and the proceeds thereof. The Lessee
authorizes 212 Equipment and its representatives as its attorney-in-fact to file UCC - Financing
Statements evidencing this agreement.
NOTIFICATION OF DEFECT OR INJURY: The Lessee agrees that they are responsible for the
immediate notification of 212 Equipment upon the occurrence of any injury or the discovery of
a defect in the items herein.
212 Equipment will in no event have liabilities for damage as a result of the supplying of items
or their use or the furnishing of any services hereunder. This writing is the entire agreement
between the Lessee and 212 Equipment and no oral representation by any employee of 212
Equipment shall be binding upon it or enforceable. The Lessee’s execution of the agreement
and/or acceptance of delivery of any part of rented items to be furnished hereunder will
constitute the Lessee’s acceptance of the provisions contained herein, and the exclusion of
any terms and conditions otherwise stated by the Lessee or contained in the Lessee’s purchase
documents which conflict with or limit the provisions contained herein. The Lessee agrees to
all terms and conditions described herein.