TERMS & CONDITIONS

1. DEFINITIONS

 

“PMR” means Power Move Rentals, LLC. “Authorized Individuals” are those individuals that the Customer individuals that Customer directly or indirectly allows to use the Equipment, who must be properly trained to use the Equipment, are at least 21 years of age or older to operate a lawn mower, and 25 years of age or older to operate a UTV. All Authorized Individuals must have a validly issued operator’s license. “Customer” means the person or entity identified in the Reservation Details or any representative, agent, officer or employee of Customer. “Equipment” is the equipment and/or services identified on the other pages provided, together with all replacements, repairs, additions, attachments and accessories and all future Equipment rented. “Lost” means the Equipment is either stolen, its location is unknown, or Customer is unable to recover it for a period of 30 days. “FMV” is the Equipment’s fair market value on or about the date of the Incident relating to the Equipment, plus any administrative fees and expenses. “RPP” is the rental protection plan described in Section 7. “Rental Period” commences when the Equipment is delivered to Customer or the Site Address and continues until the Equipment is returned or picked up by PMR during normal business hours, provided Customer has otherwise complied with this Contract. 

 

2.CUSTOMER LIABILITY

 

If an incident occurs, Customer shall (a) immediately notify PMR, the police, if necessary, and Customer’s insurance carriers; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until PMR or its agents investigate; (c) immediately submit copies of all police or other third party reports to PMR; and (d) as applicable, pay PMR, in addition to other sums due herein, the rental rate for Equipment until the repairs are completed or Equipment replaced plus either (i) the FMV or (ii) the full charges of recovery and repairs of damaged Equipment. Accrued rental charges shall not be applied against these amounts. PMR shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident.

 

3.INSPECTION OF EQUIPMENT

 

Customer acknowledges that Customer has inspected the Equipment prior to taking possession thereof, finds it in good working order and repair, and suitable for Customer's needs. Inspection should include but not limited to evaluating tire pressure, oil levels, working lights & safety features. Upon pickup, Customer will review and agree to the Equipment Inspection Form provided by PMR that documents current condition of equipment. Customer has inspected or will inspect all necessary hauling devices and materials used to connect the Equipment to Customer's towing vehicle, if any. Customer acknowledges PMR is not responsible for any damage to Customer's towing vehicle. If Customer discovers any malfunction or defect in Equipment, Customer shall promptly notify PMR.

 

4.EQUIPMENT USE

 

Customer agrees and warrants that (a) PMR has no control over the manner in which the Equipment is operated during the Rental Period by Customer or Authorized Individuals, (b) prior to each use and its return to PMR, Customer shall inspect the Equipment to confirm that the Equipment is in good condition, without defects, readable decals are on the Equipment, and the Equipment is suitable for Customer’s intended use; (c) Customer has access to and reviews the operating and safety instructions and will operate the Equipment in accordance with the manufacturer’s instructions and with applicable safety equipment; (d) Customer shall immediately stop use and notify PMR if the Equipment is damaged, unsafe, disabled, malfunctioning, warning lights come on, levied upon, threatened with seizure, Lost, or if any Incident occurs; (e) Customer has received from PMR all information requested regarding the operation of the Equipment; (f) PMR is not responsible for providing operator or Authorized Individuals training unless Customer specifically requests in writing and PMR agrees to provide such training (Customer being responsible to obtain all training that Customer desires prior to the Equipment’s use); (g) PMR is not responsible for Customer’s obligation to provide reasonable accommodation(s) to any (disabled) Authorized Individual(s); (h) only Authorized Individuals shall use and operate the Equipment, however Customer is responsible for the Equipment and its use during the Rental Period regardless of the user; (i) the Equipment shall be used and maintained in a careful manner, within the Equipment’s capacity and in compliance with all applicable laws, regulations, as well as all operating and safety instructions provided on, in or with the Equipment and all applicable federal, state and local laws, permits and licenses; (j) any Equipment, with the exception of trailers, are not permitted to be used on public roadways and the Rental Protection Program will be void if Customer does not comply; (k) the Equipment shall be kept in a secure location; (l) Customer shall provide PMR with accurate and complete information, which PMR relies upon to provide the appropriate Equipment to Customer.

 

5.MAINTENANCE

 

Customer shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, cooling and fluid systems, batteries, tires/tracks cutting edges, and cleaning in accordance with the manufacturer’s specifications, as applicable. All other maintenance or repairs may only be performed by PMR, but PMR has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call. If PMR determines that repairs to the Equipment are needed, Customer shall pay the full repair charges, additional fees, if any, and rental of the Equipment until the repairs are completed. If Equipment is stolen or damaged in excess of 40% of the Equipment’s FMV, Customer will be responsible for the FMV of the Equipment, including sales tax, as applicable. PMR has the right to inspect the Equipment wherever located. Customer has the authority to and hereby grants PMR and its agents the right to enter the physical location of the Equipment for the purposes set forth herein. Customer agrees that repair or replacement of the Equipment is Customer’s exclusive remedy for PMR’ breach of this Section. Notwithstanding PMR’ service commitment, if Customer breaches this Contract, PMR shall have no obligation to stop the Rental Period, commence repairs or rent other equipment to Customer until Customer or its agent agrees to pay for such charges.

 

6.INSURANCE

 

During the Rental Period, Customer shall maintain, at its own expense, the following minimum insurance coverage: (a) for Customers using Equipment for non personal use, general liability insurance of not less than $1,000,000 per occurrence, including coverage for Customer’s contractual liabilities herein such as the release and indemnification clause; (b) for Customers using Equipment for non personal use, property insurance against loss by all risks to the Equipment, in an amount at least equal to the FMV thereof, unless RPP is elected at the time of rental and paid for prior to any Incident; (c) worker’s compensation insurance as required by law; and (d) automobile liability insurance (including comprehensive and collision coverage, and uninsured/underinsured motorist coverage), in the same amounts set forth in subsections (a) and (b), if the Equipment is to be used on any roadway. Such policies shall be primary, non-contributory, on an occurrence basis, contain a waiver of subrogation, name PMR and its agents as an additional insured (including an additional insured endorsement) and loss payee, and provide for PMR to receive at least 30 days prior written notice of any cancellation or material change. For Customers using equipment for personal use, Customer is required to have full automobile liability insurance. If the customer opts into the Rental Protection Plan, as outlined in section 7 of this agreement, then customer is not required to provide proof of insurance. Customer shall provide PMR with certificates of insurance to support@powermoverentals.com evidencing the coverages required above prior to any rental and any time upon PMR’ request. To the extent PMR, LLC carry any insurance, PMR, LLC insurance will be considered excess insurance. The insurance required herein does not relieve Customer of its responsibilities, indemnification, or other obligations provided herein, or for which Customer may be liable by law or otherwise.

 

7.RENTAL PROTECTION PLAN

 

Customer’s repair or replacement responsibility in Sections 2 and 5 of this Contract is modified by the RPP option, if offered on the Equipment, and PMR shall limit the amount PMR collects from Customer for the Equipment damage or destruction to the following amounts for each piece of Equipment, per each occurrence. This modification does NOT cover the Customer’s liability of Equipment Loss or theft. Customer will not incur rental charges which would otherwise accrue during the period when damaged or destroyed Equipment is being repaired or replaced by PMR or Lost Equipment is being replaced; provided however, the foregoing RPP liability reduction only applies if the Conditions (defined below) are satisfied and an Exclusion (defined below) does not apply. RPP is NOT INSURANCE and does NOT protect Customer from liability to PMR or others arising out of possession, control or use of the Equipment, including injury or damage to persons or property. The RPP IS A CONTRACTUAL MODIFICATION OF CUSTOMER’S LIABILITY. All of the following “Conditions” must be satisfied for the RPP and the corresponding liability reduction to apply: (i) Customer accepts the RPP in advance of the rental; (ii) Customer pays 20% of the gross rental charges as the fee for the RPP (plus applicable taxes); (iii) Customer fully complies with the terms of this Contract; (iv) Customer’s account is current at the time of the damage or destruction of the Equipment; and (v) none of the Exclusions apply. Customer assumes the Exclusion risks, meaning that if any Exclusion occurs, the RPP does NOT reduce the liability of Customer to PMR for the damage or destruction resulting from such Exclusion. “Exclusions” shall mean damage or destruction of the Equipment: (A) due to intentional misuse; (B) due to floods, water level changes, wind, storms, earthquakes or Acts of God; and (C) accessories or Equipment for which Customer is not charged the RPP fee. THE EXCLUSIONS REMAIN THE LIABILITY OF CUSTOMER AND ARE NOT MODIFIED BY THE RPP. RPP IS REFLECTED ON THIS CONTRACT AS PART OF CUSTOMER’S ESTIMATED CHARGES UNLESS CUSTOMER HAS ELECTED TO DECLINE RPP IN WRITING, FAILS TO PAY THE RPP FEE OR MADE OTHER CONTRACTUAL ARRANGEMENTS WITH PMR. Customer shall cooperate with, assign PMR all claims and proceeds arising from such damage or destruction, execute and deliver to PMR whatever documents are required and take all other necessary steps to secure in PMR such rights, at Customer’s expense.

 

8.CUSTOMER PERSONAL PROPERTY

 

With respect to any personal property left in or on the Equipment upon expiration of the Rental Period, PMR is not a bailee or warehouseman of Customer’s, or any other person’s, personal property. PMR expressly disclaims any custody, control, or responsibility for the care of Customer’s, or any other person’s, personal property. PMR or its agents may remove the personal property from the Equipment. Under no circumstances are PMR or its agents responsible for any personal property that may be lost, stolen, or damaged. Customer personal property left in or on the Equipment upon expiration of the Rental Period may be considered abandoned, unclaimed property in accordance with applicable state law.

 

9.RENTAL RATES & DELIVERY FEE

 

The total charges specified in this Contract are: (a) estimated based upon Customer’s representation of the estimated Rental Period identified herein (rental rates beyond the estimated Rental Period may change) and other information conveyed by Customer to PMR. Weekly and 4 week rental rates shall not be prorated. Rental charges accrue during Saturdays, Sundays and holidays. The rental rates do not include and Customer is responsible for, (i) all consumables, fees, licenses, present and future taxes and any other governmental charges based on Customer’s possession and/or use of the Equipment; (ii) delivery and pickup charges to and from the PMR location, including but not limited to any freight, transportation, delivery, pickup and surcharge fees listed in this Contract; (iii) maintenance, repairs and replacements to the Equipment as provided herein; (iv) a cleaning fee if required; (v) miscellaneous charges, such as fees for lost keys, RPP costs to repair Equipment, emergency mobilization. PMR collects these fees as revenue and uses them at its discretion.

 

10.DEPOSIT & PAYMENT

 

DEPOSIT:

 

Customer’s Credit Card will be charged a deposit for the estimated rental 24 hours in advance of the scheduled rental start time. In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms of this Agreement to be performed by Customer. In the event of any breach by Customer, the deposit will be credited against any damages, cost or expense incurred by PMR as a result of the breach.

 

PAYMENT:

 

All remaining amounts due hereunder shall be payable in full upon receipt of invoice by Customer. Customer acknowledges that timely payment of rental and service charges is essential to PMR’ business operations. Customer and PMR agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of three percent (3%) per month (36% per annum) on any such payments outstanding after 30 days, or the maximum amount allowed by applicable law. Rental rates do not include sales tax, goods and services tax or other taxes, levies and assessments required to be collected by PMR from Customer at any time upon, or in respect of, the Equipment and/or the Agreement (collectively, “Taxes”). Customer agrees that PMR reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late or past due payment(s), pickup or delivery charge(s), extended rental(s), rental charges or Taxes. In the event Customer asserts that a transaction is exempt from Taxes, Customer agrees to provide a valid tax exemption certificate. Should the transaction later be deemed taxable, Customer is obligated to reimburse PMR for any Tax assessed that was attributable to Customer.

 

11.EQUIPMENT RETURN

 

PMR may terminate this Contract at any time, for any reason. The Equipment shall be returned to PMR (when needed for inspections, maintenance and at the end of the Rental Period) in the same condition it was received and free of any hazardous materials and contaminants. Customer will return the Equipment at the end of the Rental Period but will continue to be responsible for rental and other charges after the Rental Period if the Equipment is not returned in the condition required herein. If PMR delivered the Equipment to Customer, Customer shall notify PMR that the Equipment is ready to be picked up at the Site Address and obtain and Reservation number, which Reservation Number Customer should keep as proof of the call; provided Customer remains liable for any loss, theft, damage to or destruction of the Equipment until PMR confirms that the Equipment is returned in the condition required herein. Customer will not be charged the rental charges after the date the Reservation Number is given, provided Customer has otherwise complied with this Contract. No pickups occur on Sundays or statutory holidays and Saturday pickups are dependent on specific Store hours. If Customer picked up Equipment, Customer shall return Equipment to the same Store during that Store’s normal business hours. If the Equipment is not returned by the estimated end of the Rental Period specified earlier, Customer agrees to pay the applicable rental rate for the Equipment until the end of the Rental Period.

 

12.LATE RETURN

 

Customer agrees that if the Equipment is not returned by the end of the Rental Period, PMR, in its sole discretion, may require Customer to do any of the following: (A) continue to pay the rental rate(s) applicable to the Equipment as specified in the Agreement; (B) for periods less than 24 hours, pay the full daily rental rate applicable to the Equipment; or (C) pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period. Customer agrees that PMR reserves the right to charge the Credit Card, and/or Customer’s account for any amount owed by Customer pursuant to this section due to late return of Equipment.

 

13.FUEL

 

Customer acknowledges that a “Refueling Service Charge” will be applied to all Equipment not returned with a full tank of fuel. The exact cost of the Refueling Service Charge is $5/gallon charged by PMR on the date Customer returns the Equipment. Customer acknowledges that the Refueling Service Charge is not a retail sale of fuel. Customer may avoid the Refueling Service Charge if Customer returns the Equipment with a full tank of fuel.

 

14.GPS TRACKING

 

Customer and PMR each consent to the collection and monitoring of electronic information, including Global Positioning System (“GPS”) data, generated by or in connection with Customer’s use of or the location of the Equipment (including through or utilizing Telematics Devices). Customer agrees that PMR owns the data described in this paragraph and may use such data, including GPS data. Customer shall obtain all required consents as may be required under any applicable laws from its employees, contractors or other Qualified Operators to permit PMR’ collection and use of data.

 

15.CRIMINAL WARNING

 

The use of false identification to obtain Equipment or the failure to return the Equipment by the end of the Rental Period may be considered a theft and subject to criminal prosecution pursuant to applicable criminal or penal code provisions.

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