Terms and Conditions
Terms and Conditions
RENTAL TERM. The rental term begins on the day and time the equipment is delivered and shall continue through the end of the rental term indicated on the associated invoice.
PREPAID RENT: The Rental of the Equipment is always Prepaid. If the equipment is not paid on time, it can be picked up at anytime and without notice.
LATE FEE: There will be $30.00 late fee assessed for every day the payment is passed due. If the payment is 10 days late or greater a $500.00 fee will be charged to research and file the Preliminary Notice with the State Construction Registry. At 60 days or greater a $1500 fee will be charged to file a Mechanics Lien against the property.
ACCEPTANCE OF EQUIPMENT. The Customer shall provide and designate a delivery and pickup location which must be flat, dry, and easily accessible. Upon delivery, the Customer shall inspect the equipment and shall immediately notify Versi Rentals (“Versi”) of any discrepancies between the equipment delivered and the description of the equipment selected and ordered by the Customer. If the Customer does not notify Versi of unsatisfactory discrepancies, the Customer is deemed to have accepted the equipment as-is for the rental term.
FUEL. Equipment rentals will be delivered full of fuel and must be returned full. The customer will be charged $6.00 per gallon of fuel if the equipment is not full upon return unless the per paid fuel option is applied.
OPTION TO RENEW. The Customer may extend the rental term if the equipment is available beyond the initial rental term. In order to extend the rental term, the Customer must notify Versi Rentals and request the extension at least three days before the end of the initial rental term. If the extension request is granted, the Customer must pay for the extension at least two days before the end of the initial rental term.
Jib and Manbasket rentals: When in use, the boom of the forklift shall NOT be extended, do not lift more the 1000 lbs. The manbaskets are intended for hauling equipment or material only. If they are certified from the manufacture then follow their charts and instructions.
EQUIPMENT LOCATION. The equipment shall be located at the location designated on the invoice and shall not be moved to another location without notifying Versi Rentals of the new address. If approved by Versi Rentals to move the equipment to a new location, the Customer must use the services of either Versi Rentals, or a licensed and insured vehicle operator and appropriate transportation vehicle. The Customer must not drive the equipment to another location. (The equipment is not designed to be driven long distances and it can damaged) If the Customer moves the equipment without approval, the Customer is liable for, and will pay to Versi, the greater of $1,000 or the actual cost to recover the equipment and make any reasonable repairs.
CARE AND OPERATION. The equipment may be used and operated only in a careful and proper manner as per manufacturer guidelines. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, and maintenance of the equipment.
DAILY INSPECTION. Customer shall perform daily inspections. This must be performed before use each day. Inspect for any broken leaking or missing parts. Check brakes and all other functions to make sure it is operating properly. If the equipment is not operating properly and according with the manufactures guidelines it must be lock out and reported to the Versi Rentals for repair.
MAINTENANCE AND REPAIR. Customer shall perform routine maintenance on the equipment, including routine inspections and maintenance of fuel and oil levels, grease, water, batteries, and cleaning in accordance with the manufacturer’s specifications.
The Customer will be charged $250 to repair a single tire puncture. If the tire cannot be repaired, the customer will be charged $750 for the cost of a new tire.
RIGHT OF INSPECTION. Versi shall have the right to inspect the equipment during the Customer’s normal business hours.
RETURN OF EQUIPMENT. At the end of the rental term, the Customer shall return the equipment as clean and in the same mechanical condition as it was delivered, with the exception of normal wear and tear. The equipment must be place in a location that is easily accessible.
RISK OF LOSS OR DAMAGE. The Customer assumes all risks of loss or damage to the equipment after delivery, including damage done by third parties. If the equipment breaks after delivery through no neglect or abuse of the Customer or a third party, Versi shall fix the equipment at Versi’s expense. If Versi must interrupt the rental period to make repairs, or for any other reason, the Customer’s sole compensation shall be extending the rental period with like time, or a pro-rata refund, as determined by Versi.
NO WARRANTIES: VERSI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST VERSI. THE CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES VERSI FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF VERSI’S OBLIGATIONS HEREIN.
LIABILITY FOR LOSS OR DAMAGES. If the equipment is damaged or lost, Versi shall have the option of requiring the Customer to repair the equipment to at least the same working order. If the cost of repairs exceeds the cost of the equipment, the Customer shall pay Versi for the cost to replace the equipment with like equipment in good, or better repair.
LIABILITY AND INDEMNITY. The Customer shall indemnify, defend, and hold harmless Versi from and against all liability for injury, disability, and death of employees and other persons caused by operating, handling, or transporting the equipment (while in the Customer’s care) during the term of the rental.
LIMITATION OF VERSI’S LIABILITY. THE CUSTOMER AGREES THAT VERSI’S LIABILITY UNDER THIS CONTRACT SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT.
INSURANCE. The Customer shall maintain, at Customer’s sole expense, general liability insurance coverage of not less than $1,000,000 per occurrence, and property/casualty insurance in an amount of at least $75,000 for a forklift or manlift and $15,000 for a scissor lift.
ASSIGNMENT. The Customer shall not assign Customer’s rights under the Agreement, sublet the equipment, or permit the equipment to be used by anyone other than the Customer or Customer's employees without Versi's prior written consent.
ENTIRE AGREEMENT AND MODIFICATION. These terms and conditions, along with the associated invoice constitute the entire agreement (the “Agreement”) between the parties. No modification or amendment shall be effective unless in writing and signed by both parties.
GOVERNING LAW. The Agreement shall be construed in accordance with the laws of the State of Utah and any disputes will be litigated in a court of law within Utah County or Salt Lake County, Utah.
DISPUTE RESOLUTION. Prior to bringing any legal action, the parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will attempt to resolve the dispute through mediation and a mutually-selected mediator. The parties will share equally the costs of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
CERTIFICATION. The Customer certifies that all information and statements submitted to Versi, including, but not limited to, the Customer’s business name, address, credit card or other payment information, and job location, are true and correct and any material misrepresentation will constitute a default under the Agreement.
TRAINING AND USE. Customer warrants and agrees that Customer and/or Customer’s employees and/or Customers Subcontractors have been trained in the use of the rented equipment and have the knowledge and training necessary to use it in a safe manner and according to OSHA and the manufacturer’s rules, guidelines, and requirements. If Customer and/or Customer’s employees and/or Customers Subcontractors do not have the required training, they will not operate the equipment.