Contracts; contracts will our Town Attorney be able to understand a simple leasing contract?

When I moved to MN from Reno, my former boss ended up with some repossessed equipment under which he decided to make some profit on.  As a result he asked me to and paid for this contract and accompanying paperwork, which I suggested also go to his attorney for approval.  In any event, this is the type of contract or one probably even more detailed that Karen Hatton will have to formulate or make changes which the School Board will have to accept or reject if we acquire SHE under a lease or ownership.  Can she do it?  I don’t know but I know Rhett Bullard doesn’t read contracts nor does anyone else in Town Hall.

I apologize if word press in this blog throws the information around.  Unfortunately it is not like Microsoft Word or its equivalent Apple word processing; but you will get the idea.

Contracts relating to lease of properties may be found on the internet and by paying an attorney, you can have special wording placed in.  Unfortunately with equipment, contractors  and railroad contracts that’s another story because each has their own lawyers.
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NAME OF COMPANY
address and Telephone number
fax number and e-mail address
 
            
Date entered:     _________________
Customer Name:      _______________________________                         Telephone(        )             -_________    
 
Customer Address:  ____________________________________                         Job Address:  ___________________
                                ____________________________________                         ________________________________
Date Out:  ______________________                        Date Due:    ___________________
Time Out:  ______________________                        Time Due:    ___________________
Equipment Description and Interval Charges::
               Year:                        Make:                        Model:                     Description: Value       Serial Number:
[    ]        ________________________________________________________Bobcat__________$__________________________
[    ]        ________________________________________________________Backhoe_________$_________________________
                                             Daily Rate:  $_______________              X # Days      _________     =    $____________
                                             Weekly Rate:               $_______________              X # Weeks   _________     =    $____________
                                             Fuel at $_____________  per Gallon       X # Gallons  _________     =     $____________
                                             Environmental Fee                                                                            $____________
                                             Delivery Charge                                                                                              $____________
                                             Sales Tax:                                                                                      $____________
                                                            Total Rental Charges:                                                                 $____________
                                                            Minimum Rental Charge:     $__________

By signing this contract, I acknowledge that I have received, agreed to and understand the terms and conditions in this rental contract on both the front and reverse sides pertaining to additional contract terms and conditions.   I acknowledge receipt of the equipment.  I have inspected the equipment and have found that it is in good order. If someone other than the customer signs this agreement they hereby represent they are the agent or representative of the customer and are authorized to sign on behalf of the customer. This contract represents the entire agreement between you and us and there are no oral or other representations or agreements not included herein.   None of the terms or conditions of this contract may be amended or modified except in writing and agreed to by the signatures of Sierra Nevada Services LLC and the customer or the customer’s agent or representative.  Such amendments shall be made a part of this contract.  The customer will be charged for any repair or replacement of the equipment and for returning equipment with less than a full tank of fuel.  Rental rates are based on 8 working hours per day, 40 hours per week and160 hours per four week period with overtime charged on overages.

 

 

Customer Signature:__________________________   Customer Printed Name (required) ____________________

 

ALL INVOICES DUE NET 10 DAYS.  A FEE OF 2.0% PER MONTH WILL BE CHARGED ON ALL PAST DUE ACCOUNTS.

 

The customer is cautioned to offer an operator training and to avoid any and all circumstances where untrained persons may operate or use this equipment.  The customer’s signature on this rental contract indicates their understanding of and acceptance of responsibility for all operators training.

 

Customer Signature:__________________________   Customer Printed Name (required) ____________________

 

ADDITIONAL CONTRACT TERMS AND CONDITIONS

 

Definitions:   Contract or agreement refers to the rental contract.   Company refers to Sierra Nevada Services, LLC   Customer refers to you.   Equipment refers to the personal property described on the reverse side including accessories and attachments.  Manufacturer refers to the manufacturer of the equipment.  Store refers to the Company’s business place at which this contract was signed by the customer.

 

1.1   Inspection/Loading/Unloading – Prior to removing the Equipment from the Company’s Store or accepting delivery of the equipment, the Customer shall inspect the equipment and find it to be in good condition and free from defects.  Customer acknowledges that it is the Customer’s responsibility to secure the equipment on the customer’s vehicle.   If, upon request from the Customer, Company employees assist in the loading and unloading of the equipment, the Customer assumes the risk of, hold the Company harmless from and defend the Company including but not limited to Bodily Injury or Property Damage resulting from such loading or unloading .except to the extent that such injury or damage was caused solely by the Company’s gross negligence.  The Customer further acknowledges that the Company  DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED AS TO WHETHER THE EQUIPMENT HAS BEEN LOADED ON CUSTOMER’S VEHICLE IN A SECURE AND SAFE MANNER.

 

1.2   Use – The Customer acknowledges that the Company has no control over the use of the Equipment by the Customer, the trade or occupation of the Customer, or the qualifications or lack thereof.  Customer shall use and operate the equipment and shall assume all responsibility to ensure that the equipment is used (a)  at the job address indicated on the front of this contract, unless the Customer notifies the Company of another address at which the equipment is to be used and the duration of its intended use at such other location    (b) for the intended purpose and use for which the equipment was manufactured as set forth in the Manufacturer’s safety and operating instructions and  (c)  by a properly trained individual, defined as a person employed by the Customer who has received the training necessary to operate the equipment under contract in a safe and correct manner.   Use of this equipment in violation of any of the preceding clauses (a), (b) and (c) is prohibited and shall be considered improper Use.  Company expressly disclaims any responsibility for Customer’s compliance or failure to comply with any governmental safety or health regulations or operational and/or maintenance standard or requirement.   Customer further agrees that, at the Customer’s sole expense, the Customer will comply with all municipal, county, state and federal laws applicable to the use of the Equipment during the Rental Period.  All licenses, fees or taxes arising from the Customer’s use of the Equipment shall be paid by the Customer.  Customer acknowledges that Customer is prohibited from using or transporting the equipment outside of the Continental United States.  The Customer must NOTIFY the Company IF THE Equipment IS MOVED TO A JOB SITE DIFFERENT FROM THE ADDRESS LISTED on the Rental Contract.

 

1.3   Rental Period – means the period of time during which the Equipment is rented to the Customer as set forth in on the front of this Contract (including any extension granted pursuant to section 1.4 hereof), except where earlier terminated upon the Customer’s return of the Equipment to the Store as evidenced by a return receipt issued to the Customer.  During the Rental Period, the Customer shall be liable for the rental rates stated on the front of this Contract.  The Company may terminate the Rental Period at any time upon prior notice to the Customer and Customer will promptly return the equipment.

 

1.4  Extension of Rental Period –  – In the event the Customer desires to extend the Rental Period beyond the date stated on the front of the Contract, the Customer shall immediately notify the Company of their intention and request Company approval of such extension, and the parties shall execute a written extension setting forth the terms of such extension.  Nothwithstanding the foregoing, in the event the Customer does not return the equipment, upon the expiration of the Rental Period and has not extended this Contract in accordance with 1.4, the Rental Period shall continue until such time as the Equipment is returned to the Store and the Company shall be entitled to pursue any and all of its rights and remedies as set forth under Section 1.5 hereof..

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1.5  Return of Equipment – Customer acknowledges that if the Customer shall return the Equipment to the Store during normal business hours (or such other location as the Company may direct) at the end of the Rental Period.  Should the Customer fail to return the Equipment in a timely manner, the Company may suffer economic damages for which the Customer will be liable, until such time as the Equipment is returned.  The Equipment shall be returned in the same condition as it was received.  Customer will be liable for the applicable rental rate stated on the front of this Contract.  In addition, FAILURE TO RETURN THE EQUIPMENT WITHIN SEVENTY-TWO (72) HOURS OF THE EXPIRATION OF THE RENTAL PERIOD, IN CERTAIN CIRCUMSTANCES, MAY BE CONSTRUED AS EVIDENCE OF AN INTENTION TO FRAUDULENTLY CONVERT THE EQUIPMENT AND MAY BE CONSIDERED A THEFT, RESULTING IN CRIMINAL PROSECUTION.   The Customer further acknowledges that even though the Customer has requested a pick up of the equipment, the Customer remains responsible for all liability assumed by the Customer in this Contract until the equipment is actually picked up by the Company.  Customer shall return the Equipment in the same condition as the equipment was when received, reasonable wear and tear accepted, and the Customer agrees to pay for any loss or damage to the Equipment occurring during the Rental Period, by the terms thereof.   Reasonable wear and tear shall only mean the normal deterioration of Equipment caused by reasonable and ordinary use on a one-shift basis.  Reasonable wear and tear shall not be deemed to include any damages resulting from improper use.  Customer will be assessed a cleaning charge for Equipment returned unclean.

 

 

 

 

ADDITIONAL CONTRACT TERMS AND CONDITIONS

 

1.6   Payment of Charges – All Rental charges will be paid in advance unless an approved credit account has been established.  Charges for approved Credit Customers are due net 10 days upon receipt of an invoice from the Company.  A carrying charge of 2.0% per month or the maximum permitted by applicable law, will be charged on all overdue accounts and all collection fees, attorney fees, court costs or other expense involved in the collection of the rental charges, will be borne by the Customer.  Rental rates are based upon time-out from the Store and ordinary and reasonable use on a one-shift basis.  “One-shift” means use of the equipment for eight (8) hours per day, forty (40) hours per week, or one hundred sixty (160) hours per four (4) week period.   Customer use of the equipment in excess of one-shift will be billed proportionately for such greater usage.  In the event the Customer returns the Equipment before the expiration of the Rental Period set forth on the front of this Contract, the Customer shall be obligated to pay the greater of the (a) minimum rate set forth on the front of this contract or (b) the rental rate for the actual period during which the Equipment was rented by the Customer.

 

1.7   Liability for Damage to Persons and PropertyCUSTOMER ASSUMES THE RISK OF ANY AND ALL DAMAGE AND/OR INJURY TO PERSONS, OR PROPERTY OF ANY KIND OR NATURE, INCLUDING WRONGFUL DEATH OF PERSONS AND EMPLOYEES, CAUSED BY, RESULTING FROM OR IN ANY WAY CONNECTED WITH THE EQUIPMENT DURING THE RENTAL PERIOD OR WHILE THE EQUIPMENT IS IN THE POSSESSION, CARE, CUSTODY OR CONTROL OF THE CUSTOMER OR ITS OFFICERS, AGENTS AND EMPLOYEES OR AS TO ANY AND ALL BREACH OF ANY PROVISION OF THIS CONTRACT.    THE CUSTOMER AGREES TO INDEMNIFY AND HOLD THE COMPANY, ITS OFFICERS, AGENTS , REPRESENTATIVES AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, JUDGEMENTS, DEMANDS, DAMAGES, LOSSES, COSTS AND LIABILITIES WHATSOEVER (INCLUDING WITHOUT LIMITATION, ALL ATTORNEY’S FEES AND EXPENSES OF ANY NATURE OR KIND) CAUSED BY, RESULTING FROM OR IN ANY WAY CONNECTED WITH THE EQUIPMENT DURING THE RENTAL PERIOD, OR WHILE THE EQUIPMENT IS IN THE POSSESSION, CARE, CUSTODY OR CONTROL OF THE CUSTOMER OR THE BREACH OF ANY PROVISION OF THIS CONTRACT, WHETHER OR NOT CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF THE COMPANY, ITS AGENTS OR EMPLOYEES, OR THE CUSTOMER, ITS AGENTS OR EMPLOYEES, INCLUDING WITHOUT LIMITATION, BODILY INJURY OOR WRONGFUL DEATH OF EMPLOYEES OF THE CUSTOMER OR ANYONE ELSE, PROPERTY DAMAGE AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY.  CUSTOMER’S INDEMNIFICATION OBLIGATIONS CONTAINED IN THIS SECTION 1.7 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT.

 

1.8  Liability for Loss or Total Destruction of Equipment –  In the event of loss or total destruction of the Equipment, or the loss of possession thereof, or the Customer’s inability to return the Equipment to the Company, for any reason whatsoever, the Customer shall pay to the Company the full replacement cost of the Equipment together with the applicable rental rate on the front of this Contract, until such time as the Company, using commercially reasonable efforts, is able to replace the Equipment.   NOT WITHSTANDING, ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF ANY LOST OR STOLEN EQUIPMENT IS LATER RECOVERED, THE CUSTOMER AGREES THAT NEITHER THE CUSTOMER NOR ITS INSURANCE COMPANY SHALL HAVE ANY OWNERSHIP RIGHTS TO SUCH EQUIPMENT REGARDLESS OF ANY PAYMENTS MADE TO THE COMPANY ON ACCOUNT OF SUCH EQUIPMENT WHICH PAYMENTS ARE NON-REFUNDABLE.  CUSTOMER AGREES TO IMMEDIATELY NOTIFY THE COMPANY OF THE RECOVERY OF ANY LOST OR STOLEN EQUIPMENT AND SHALL PROMPTLY RETURN THE SAME TO THE COMPANY.

 

1.9   Maintenance and Storage of Equipment – Customer shall, at its own expense, maintain the Equipment in a careful and proper manner and, in any event, in accordance with Manufacturers’ specifications.  Customer shall store the equipment in a safe and secure location and shall take all commercially reasonable measures, necessary to protect Equipment against theft, vandalism or malicious mischief.  Customer shall be responsible for refueling as necessary and shall be changed for returning Equipment with less than a full tank of fuel.  Customer shall be responsible for loss or damage resulting from overloading or exceeding the rated capacity of the Equipment or other misuse or improper use of the Equipment, and/ or the Equipment’s roll-over or upset.  Customer shall be responsible for loss or damage relating to the use or operation of the Equipment for any illegal purpose, or for operation in any illegal manner or in violation of any law or ordinance.  Customer shall be responsible for damages from exposure to radioactive, contaminated or hazardous materials.  Customer shall be .responsible for loss or damage from lack of lubrication or other proper servicing of equipment, and including damage or failure of tire and tubes under any circumstances…  Equipment shall not be altered or used in a manner not designed for by the Customer.  Loss or Damage caused by Third Parties or during unauthorized use or by persons other than a properly trained individual shall be at the Customer’s own expense. Customer shall be responsible for all control over the use of Equipment in accordance with Section 1.2.

 

1.10  Damage or Malfunction of Equipment – If the equipment is damaged, including damage caused by unreasonable wear and tear or improper use or damage to tires or malfunctioning in any way, Customer shall immediately notify Company of such damages or malfunction and immediately discontinue use of the Equipment.   Company agrees that it will, within a reasonable period of time of receiving such notification, repair the equipment and the Customer shall be liable to the Company for the cost, including parts and labor, incurred by the Company to have a third party repair the equipment or customarily charged by the Company to perform such repairs and the applicable rental rate on the front of the Contract until such repair has been completed, except that Customer shall not be liable for the foregoing if the equipment is malfunctioning (not damaged) and such malfunction is not related to the Customer’s use or operation of the Equipment..

ADDITIONAL CONTRACT TERMS AND CONDITIONS

 

1.11  Insurance – Customer shall , at its own expense, arrange and keep in force during the term of the Contract, with an insurer acceptable to and approved by the Company, the following Insurance:  (a) Comprehensive General Liability Insurance, on an occurrence basis,  including but not limited to the Customer’s Operations, Contractors Protective Liability, Contractual Liability, Products and Completed Operations for an amount not less than $1,000,000 combined single limit of Bodily Injury, including death and Property Damage Liability coverage  (b). The Customer’s policy shall be endorsed to include Company, its officers, agents, representatives and employees as ADDITIONAL INSUREDS with said coverage to be primary and not on an excess basis.   (c) While the equipment is being loaded and unloaded on to a vehicle and used on any roadway or highway, Automobile Liability Insurance including Owned, Non-owned and Hired autos for an amount not less than $1,000,000 for Bodily Injury, including death and Property Damage is required.    (d) Contractors Equipment Coverage based upon a Replacement Cost basis for the value stated on the front of the Contract.  Coverage shall be provided on a “risks of direct physical loss from any external cause” basis including the Company as Loss Payee. (e) Workers Compensation to comply with all provisions of the Nevada Workers Compensation Act or similar laws and Employer’s Liability of $1,000,000    A Certificate of Insurance evidencing all of the aforementioned insurance requirements shall be provided by the Insurer or the Insurer’s representative, to the Company, prior to release of the equipment to the Customer.    In the event that it becomes necessary for the Company to utilize the Customer’s insurance and there is or was no insurance in place at the time the incident requiring insurance, the Customer agrees to pay all losses incurred by the Company including legal fees and all other expenses incurred by the Company for such incident.

 

1.12  Subrogation  –  In the event of any loss or damage to the Equipment for which the Customer may have right of recovery, the Company will be subrogated to any such right of the Customer to recover against any person, firm or corporation and the Customer will execute and deliver whatever else is necessary to secure such a right.  Customer will cooperate fully with the Company and/or its insurers in the protection of the Company’s right of subrogation and will neither take nor permit any action to prejudice the Company’s or its insurer’s rights of recovery.

 

1.13   Ownership of Equipment – The Company holds all title and ownership rights in the Equipment.  The Customer shall not pledge or mortgage the equipment, nor subject the Equipment or allow it to be subjected to any lien, nor permit any charge against, or encumbrance on the Equipment.  To protect Company’s ownership of the Equipment and to enforce Company’s rights under this contract, the Customer agrees that the Company may inspect and examine the Equipment, observe Customer’s use and operation thereof and confiscate the equipment at any time if the Company reasonably believes the Customer has compromised or may compromise, in any way, the Company’s rights or its Insurer’s rights of ownership in the Equipment.

 

1.14  Financing –   This Contract and all of the Customer’s rights in and to the Equipment hereunder are subject and  subordinate to any rights, title and interest of any and all persons, including, without limitation, the Company’s senior secured lenders under any credit or security agreement who have financed or leased the Equipment or provided rental payment and accounts. receivable financing to the Company pursuant to certain contracts or instruments.  The Customer acknowledges that this Contract and any and all rights to the Equipment, shall, at the option of such persons, terminate upon an occurrence or an event of default under such contracts or instruments.

 

 

1.15   Authority to Sign Complete Information – The signer of the Contract on behalf of the Customer, hereby acknowledges that they are a representative or agent for the Customer and that they are authorized to sign this Contract as representative or agent and by their signature hereon makes such Customer liable in full for payment of all damages and performance of all obligations imposed upon the Customer pursuant to the Contract.  The Customer represents and warrants that all information furnished to the Company by the Customer is true, correct and complete.

 

1.16  Payment of Charges –  Customer shall pay all amounts due on the provision of maintenance or repair services upon receipt of an invoice for same or in accordance with the payment terms thereof..

 

1.17  Company is not the Manufacturer.-  Company acknowledges that the Company is neither the Manufacturer of the equipment nor the agent of such Manufacturer.

 

1.18   WarrantiesThe COMPANY MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE MERCHANTABILITY.FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR INTENDED USE, DESIGN OR WORKMANSHIP OF THE EQUIPMENT.  THE CUSTOMER ACKNOWLEDGES THAT, EXCEPT FOR ANY WARRANTY, PROVIDED BY THE MANUFACTURER OF THE EQUIPMENT, THE EQUIPMENT IS BEING RENTED TO THE  CUSTOMER ON AN AS IS AND WITH ALL FAULTS BASIS, WITHOUT ANY WARRANTIES EXPRESS OR IMPLIED AS TO CONDITION AND WITHOUT ANY RECOURSE WHATSOEVER TO COMPANY.  THE CUSTOMER ACKNOWLEDGES THAT IT IS RELYING SOLELY ON ITS OWN EXAMINATION OF THE EQUIPMENT AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED FROM THE COMPANY.  THE. CUSTOMER HEREBY EXPRESSLY ASSUMES THE RISK OF. AND RELEASES AND WAIVES ANY AND ALL RIGHTS THAT IT MAY HAVE AGAINST THE COMPANY FOR ANY AND ALL LIABILITIES AND DAMAGES, INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES CAUSED BY, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE EQUIPMENT, THE OPERATION OR USE OF THE EQUIPMENT, ANY DEFECT IN OR FAILURE OF THE EQUIPMENT OR COMPANY’S FAILURE TO PRESENT OR DELIVER THE EQUIPMENT.

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ADDITIONAL CONTRACT TERMS AND CONDITIONS

 

1.19  Attorneys Fees – customer agrees to pay all attorney fees and expenses incurred in the enforcement of the terms and conditions of this Contract.

 

1.20  Severability – The portions of this Contract shall be deemed severable, so that any part herein found to be invalid or unenforceable shall be deemed stricken and excluded therefrom, and the remaining parts shall remain in full force and effect..

 

1.21   Waiver – Any failure by the Company to insist upon strict performance by the Customer of any of the terms and conditions  of the Contract shall not be construed as a waiver by the Company of the right to demand said compliance therewith.

 

1.22   Captions – The captions herein are provided solely for reference and shall have no bearing on the interpretation of this Contract.

 

 Nevada Services LLC

, Reno, NV  89502     Office Phone Number (775)   Fax:  (775) 

 

LEASING AGENT INSTRUCTIONS:

 

If the customer contacts you by telephone, you may provide the following information:

Equipment Description: 
             Model Year                  Description:          Model#                      Serial Number                    Insurance Value:                 Daily Rate:     Weekly Rate:  
        2001                                    Caterpillar                  416C                                            4ZN24076                                          $  30,000        $  250.00               $ 1000.00
       1999                                     Bobcat                          753                                              515815579                                           $  10,000             $  120.00               $   500.00
Note, the daily and weekly rates are listed above by each item of equipment.
Familiarize yourself with the Customer Checklist which will contain answers for most of the questions you may be asked.
Advise the customer that we DO NOT provide liability or equipment physical damage insurance.  The customer will be responsible for including Sierra Nevada Services LLC as an Additional Insured for Auto and General Liability and as Loss Payee under their contractor’s equipment policy.
Any Delivery Charges will be determined based upon the mileage to the job location where the Equipment is to be delivered.   And if the customer would like an estimate, the customer can provide you with the job location or the mileage thereto which you may re-check with map quest, and you will advise the customer that you will contact them with the estimate.   Remember, we are not responsible for the loading and unloading, tying or securing equipment on the customer’s vehicles and our contract stipulates we are not responsible.
(We do not have employees and are not providing Workers Compensation Insurance, which IS NOT TO BE REITERATED TO THE CUSTOMER).
Determine with Scott Rottman as to the appropriate Deposit that will be charged for such equipment rentals and apprise the customer.
If the customer comes into the office:
  1. Go over the daily and weekly rates for each piece of equipment
  1. Review the Customer Checklist with the customer and provide the customer with a copy
  1. Inspect the Equipment with the Customer, having the customer check the “Pre-Use Inspection” columns. Make certain the meters are read for the miles/hours and that the information is listed in the pre-use sectionThe Release Inspection Date and miles/hours section are to be completed when the equipment is returned.
  1. After the Equipment Check list is completed and signed by the customer and by you under the “Pre-Use Inspection Acknowledgment”, then the customer must receive a copy of the Pre-Use Inspection. You will retain the original which will be re-inspected at the time the equipment is released, and signatures will them be required under the “Release inspection Acknowledgment”.
 
 
  1. The Rental Contract must be completed:
  1. Today’s date must be entered in the “Date entered section
  1. The Customer’s Name, Address and Telephone Number as well as the Job Address must be entered.
  1. The Date Out/time out sections as well as the Date Due and Time due sections must be completed. You must suspend equipment on the date due to follow up with the customer, if the equipment is not returned. You may start pre-filling the final invoice retaining it with the equipment checklist and copy of the contract.
 
  1. Check the box by the item of equipment to be rented. If more than one item is rented, check the appropriate boxes and total the daily or weekly rates applicable and place their combined total under the Daily or Weekly rate sections of the invoice.
  1. The fuel shall be full at the time of rental so no charge will be made on this initial invoice. Charge an appropriate Environmental Fee (fuel/oil disposal etc), and develop a subtotal total so that you may calculate the sales tax.
  1. List the deposit that was agreed to and apprise the client that the deposit will be returned once the final invoice is determined, and may be utilized for any additional charges that may be required at the time the equipment is returned.
  1. Advise the client that it is important to review the contract.
  1. The contract must be signed by the customer. The customer must receive a copy of the contract for his records.
  1. The Customer must be advised that the equipment may not be released until the appropriate certificate of insurance and endorsement addendums are received. DO NOT RELEASE EQUIPMENT WITHOUT AN OPERATOR’S MANUAL AND AN OFFER OF A DEMONS
  1. If the Customer’s Insurer may not handle some of the terms that are stipulated, 1.20 Severability may handle those items that may be changed or stricken. Some of these items that may have to be negotiated may include:
  1. Replacement Cost basis of equipment – Some Insurers provide only the Actual Cash Value of such equipment, taking into consideration depreciation. If the Insurer may not be able to endorse its rental equipment to a replacement cost basis, there may be no choice but to include on an actual cash value basis.
  1. If the insured doesn’t have a “leased or rented equipment” limit, the Customer should ask his agent to include the equipment as “Scheduled Equipment” and remove it once the Equipment is returned to our store .
  1. Some Companies may not accept the additional insured verbiage of “its affiliates, officers, directors, shareholders, owners, venture partners, managers and employees or other representative of the owner and its affiliates,. Make Certain the Customer is provided CONTRACTUAL LIABILITY COVERAGE which in accordance with the contract would have to include each and every additional insured for defense per the hold harmless agreement.  Hold your ground on this issue until the Company provides something in writing that they are unable and unwilling to include all the additional insureds as listed.   Also the Customer may be charged for the additional insured endorsement if blanket coverage is not provided by his insurer.
  1. Some insurers provide primary insurance, some state they do not. Most Companies however, have some form of primary insurance endorsement and a charge will be made under the Customer’s policy as directed by his insurer for such primary coverage.  This endorsement is ABSOLUTELY NECESSARY ALONG WITH THE ADDITIONAL INSURED ENDORSEMENT.
  1. The Horse Trailer may be leased by an individual who has only homeowners and auto insurance. Since the trailer is used for road use, the additional insured lessor’s endorsement applicable to a personal auto policy would cover the loading, unloading and operating on roadways coverage, but the certificate should still list their homeowner’s personal liability limit.
  1. Relative to e, the contract states that coverage should be provided for a $1,000,000 limit under the contract. A homeowners or Auto policy may have lower limits and the client may not have an umbrella.  Ask Scott Rottman whether a concession may be made and only Scott Rottman may make such a call, unless he has provided you with prior permission.  The $1,000,000 limit of Auto Liability in the contract would have to be stricken as well.
  1. If the client contacts you for an extension or a change in job location, complete the Extended Period Amendment/ Job Address change amendment. Apprise the client he needs to sign the amendment.  If it is an extension, an additional payment will be due.  Make certain first that you do not have another customer, who is already ready to lease the equipment upon its return. 
  1. If an extension, copy the original contract period and charges from the original contract and invoice.
  1. List the extended contract period and determine the additional days for which you will make a charge. The fuel and environmental charges may be omitted.  Make a subtotal and determine your sales tax.  Total the columns.
  1. On the second page, reiterate the original rental contract charge WITHOUT the deposit amount and the Total Extended Contract Charge WITHOUT the deposit, total the two, less any payment made, for a total additional due at the time the amendment is signed.
  1. Note this amendment must be signed by both the Leasing Agent and the Client, as is required by the contract. Make certain the client gets a copy of the completed form.
  1. When the client returns the equipment to your site:
 
  1. Remove the suspended Equipment Check List and inspect the equipment which was returned. Check off the areas under “Release Inspection” Go over any items or discrepancies with the Customer.  Both you and the Customer must sign the Release Inspection Acknowledgment.   Give the customer a copy.
  1. Pull out the Final Rental Contract Invoice and Return Receipt. You may have already completed most of the parts pertaining to original contract period, extended contract period, so that the only areas that are required to be completed are those pertaining to the Additional charges.
  1. Please fill in any overages pertaining to the hours over one shift.
  1. Fill in any additional fuel if the tank is not filled.
  1. Describe any repairs and make charges for labor and parts.
  1. Other charges consist of “economic charges” in the event of a loss or other charges pertaining to total destruction, until equipment can be replaced. Such replacement however, is not the responsibility of Sierra Nevada Services LLC during the leasing contract.  Instead, the contract terminates and the Customer has to go elsewhere for the equipment.  We have no obligation, but require our equipment to be replaced.
  1. Total the Additional Charges under the subtotal line, determine the sales tax applicable and place the total under “Additional Charge Total”.
  1. Again you shall reiterate the Original rental contract charge, the total extended contract charge and the additional charge total for a Rental Cost subtotal. Then deduct any payments received.  Deduct the Deposit made.  List any finance charges if the payments have not been made in advance or net 10 days of invoice and then list the difference either in the due Sierra Nevada Services LLC or Due the Customer column.
  1. If money is owed the customer, issue a credit under their credit card or issue a check. If the customer owes you money, it is payable in advance.
The final invoice should be attached to the original contract, amendment if any, and the equipment checklist.   From the final invoice for tax purposes you must calculate separately the income from the sales tax.   The ledger must include the name of the client, the address, the amount paid for the rental alone, amount paid for repairs or total destruction (if total destruction and coverage is on a replacement cost, there is a capital gain over the depreciated item and Jeff will have to handle), and separate fees such as the Environmental fee if it has to be paid to the State or City similar to a maintenance garage.  Jeff may assist with the appropriate forms, and provide you with the instructions for completion of the paperwork required.

CUSTOMER CHECKLIST

 

By signing the Company Rental Contract you acknowledge that you have read and understand the terms and conditions of the rental contract.  The brief listing of some of the requirements included in the contract does not change nor alter any of the conditions of the actual rental contract signed:

INSURANCE REQUIREMENTS:
          A Certificate of Insurance must be provided prior to releasing any and all equipment to you:
                                  Naming Nevada Services LLC, its affiliates, officers, directors, shareholders, owners, venture partners,
                              managers and employees or other representative of the owner and its affiliates, as ADDITIONAL INSUREDS,
                                        attaching a copy of the endorsement which is applicable, and as signed by the Insurer or the Insurer’s                                                representative under your
                                        General Liability and Auto Liability policies.
                                  Said coverage is to be primary and not on an excess basis
                                  Loss Payable Clause in favor of Sierra Nevada Services, LLC with respect to any and all equipment you are leasing
                                  General Liability Insurance, covering your operations, products and completed operations, contractors protective liability and
                                        Contractual Liability for not less than a $1,000,000 combined single limit of Bodily Injury including Death and Property Damage.
                                  Automobile Liability including, Owned, Non-Owned and Hired Automobile Liability for not less than a $1,000,000 combined single
                                        limit of Bodily Injury including Death and Property Damage.
                                  Statutory Workers Compensation Insurance and $1,000,000 Employers Liability Insurance.
                                   Contractors Equipment Coverage is to be provided  by the Customer, at the Customer’s expense, on a Replacement Cost basis
                                         covering risks of direct physical loss or damage from any external cause.
                               NEVADA SERVICES, LLC DOES NOT PROVIDE ANY INSURANCE WHATSOEVER AND IS NOT RESPONSIBLE FOR EQUIPMENT IN YOUR
                    POSSESSION CARE CUSTODY AND CONTROL, NOR ARE THEY RESPONSIBLE FOR THE LOADING OR UNLADING OF SAID EQUIPMENT.
EQUIPMENT REQUIREMENTS:
                    A pre-use inspection of the equipment is required.  A form will be provided for your convenience.
                    You are required to maintain and store the equipment in a careful and proper manner and in accordance with the                          Manufacturer’s   specifications
                    You will be charged for any repair or replacement of the equipment and for not returning the equipment with less                          than a full tank of fuel.
                    Rental rates are based upon eight (8) working hours per day, forty (40) hours per week and one-hundred sixty  (160)                      hours per four week   period.  Overtime will be charged on overages.
                    You are cautioned to offer an operator training and to avoid any and all circumstances where untrained persons                              may operate or use the  equipment.   An operator’s manual is included.  Operation must be conducted in                                                accordance with Manufacturer’s specifications.
                    You are responsible for the servicing, fueling and lubrication of the equipment. ( Nevada Services LLC must be                                         contacted for any and  all repairs.)
Nevada Services LLC
, Reno, NV  89502   
 Office Phone Number (775) 691-ax:  (775) 284
CONTACT US IMMEDIATELY:
                    If an extension of the due date is required.
                    If a change in your job address is required.
                    If the equipment has sustained damages or in the event of its malfunction.   Equipment use must be discontinued.                           You may not repair or   alter any of the equipment.  You will be charged for repairs that are as a result of your                                        possession, care, custody and control.   A release      inspection will be made upon the return of  the equipment.
                    In the event of Loss or Total Destruction of Equipment   You are responsible for notifying your Insurer and in the                                     event insurance is not    Retained for any reason whatsoever, you shall be responsible for any and all expenses                                   and/or the replacement of said rental equipment.
In NV since I wrote, sold, marketed, underwrote and loss controlled so many Contractors, Distributors, Casinos  and Manufacturers, it was a continual ritual to read  various contracts as a service to my/our clients and as a result if there were ambiguities or inconsistencies we then wold contact the attorney(s) who drafted the contract.  After that if the Insured did not have what was stipulated as insurance or what was necessary to be done, I asked him to take those specific inquiries directly to his attorney for amendments or to increase his limits or policy coverages and what the cost would be.

 

There is no semblance of order, however in White Springs.  We have the Gang of Three who are irritated when Walter McKenzie and Helen Miller bring up information usual to a business plan and the problems therein.  The Town is doomed…and that may be positive for those who the Governor protects as well as the citizens. 

  IT IS SAID THIS IS A LIBERAL THING!  WHEN YOU DON’T HAVE MONEY, SPEND MORE, AND RAISE TAXES.  AFTER ALL, THE TAXPAYERS ARE LIKE A PIGGY BANK FOR THE OFFICIALS AND STAFF.  WHY WORRY WHEN YOU CAN SPEND OTHER PEOPLE’S MONEY.  THIS IS THE LIBERAL WAY.

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