FULL RENTAL POLICY
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45-6-309, Montana Code Annotated. Failure to return rented or leased personal
property. (1) A person commits the offense of failure to return rented or leased personal
property if, without notice to and permission of the lessor, he purposely and knowingly
fails to return such property within 48 hours after the time provided for such return in the
rental agreement, provided that clear written notice, in bold print, of the date and time
when the return of the property is required and of the penalty, prescribed in this section
is stated in the rental or lease agreement. (2) Presentation to the lessor by the lessee of
identification that is false for the purpose of obtaining a rental or lease agreement
constitutes prima facie evidence of commission of the offense. (3) After the rental or
lease period specified in the rental or lease agreement has expired, failure to return
rented or leased personal property within 72 hours of written demand by the lessor sent
by certified mail to the renter or lessee at the address given at the time of entering the
rental or lease agreement, constitutes prima facie evidence of commission of the
offense. (4) (a) A person convicted of failure to return rented or leased personal
property not exceeding $300 in value shall be fined not to exceed $500 or be
imprisoned in the county jail for a term not to exceed 6 months, or both. (b) A person
convicted of failure to return rented or leased personal property exceeding $300 in value
shall be imprisoned in the state prison for a term not to exceed 10 years.
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TERMS & CONDITIONS OF RENTAL
1. Nature of this Agreement and Definitions: The terms and conditions of this
agreement (the "Agreement") are for the rental by Ruby Valley Rentals, LLC." Ruby
Valley Rentals") of the equipment or products described on the front side of this page,
including all parts and accessories (the "Equipment"), or the servicing of any equipment
("Services"). The following information is found on the front side: the customer
("Customer"), the Ruby Valley Rentals store where the Equipment is rented (the
"Store"), and the job site where the Equipment may be delivered or used (the "Site").
2. Priority of this Agreement: Customer agrees that its rental of Equipment is
conditioned upon complying with these terms and conditions. Any person signing this
Agreement represents that he or she is of legal age, and has the authority and power to
sign this Agreement and bind Customer to its terms. Customer agrees that this
Agreement supersedes and controls over all other communications or agreements with
Ruby Valley Rentals . Any written or oral terms of conditions or other provisions different
from or varying these terms and conditions, wherever found, are rejected and not
binding on Ruby Valley Rentals .
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3. Rental Period: The "Rental Period" begins when the Equipment is picked up by
Customer at the Store, or is delivered to Customer or the Site, and ends as provided for
in Section 9 below. During the Rental Period Ruby Valley Rentals may have access to
and may inspect the Equipment and perform maintenance without notice..
4.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 the time of pick up from the Store or delivery to the
Site, and passes back to Ruby Valley Rentals once it 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 Ruby Valley Rentals
to deliver the Equipment to the Site without obtaining a written delivery receipt. After
delivery, the Customer is responsible for the return of the Equipment (see Section 9
below), and for any loss or damage to the Equipment or caused by the Equipment,
including Ruby Valley Rentals 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.
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5. Availability of Equipment or Services: Ruby Valley Rentals will use reasonable
efforts to deliver the Equipment at the time requested. Ruby Valley Rentals is not liable
for delay, damage or loss if it is unable to provide or maintain the Equipment or provide
Services for any reason, including a force majeure event (forces of nature/acts out of
our control). Ruby Valley Rentals will use reasonable efforts to minimize the duration
and consequences of any delay, and may allocate Equipment among its customers in
its sole discretion.
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6. 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 the 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, Ruby Valley
Rentals is not responsible for providing operator training unless Customer requests and
pays for that training.
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7. 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 Ruby
Valley Rentals 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. Ruby Valley Rentals will, at its option and without any further liability or
responsibility to Customer (a) repair or replace the Equipment within a reasonable time,
with the Rental Period adjusted for the time the Equipment is not operational; or (b) pick
up the Equipment and refund or credit the rental charges, if any, for the time the
Equipment is not operational, less any amount due Ruby Valley Rentals for damage to
or maintenance of Equipment that is Customer's responsibility. Customer will provide
access to the Equipment by Ruby Valley Rentals representatives to enable Ruby Valley
Rentals to meet its obl i gations under this.
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8. 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 (1) alter, disfigure, or cover up any numbering,
lettering, decals, or insignia on the Equipment or remove any operation or safety
manuals; (2) sublet, loan or dispose of the Equipment; (3) move the Equipment from the
Site without Ruby Valley Rentals written consent; (4) use the Equipment in a negligent,
reckless, illegal, unauthorized or abusive manner or to transport any explosives or
hazardous materials; or (5) allow the operation of the Equipment for an illegal purpose
or by any unauthorized operator.
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9. Return of Equipment: At the end of the Rental Period, the Equipment must be
returned to Ruby Valley Rentals in the same condition it was received, less ordinary
wear and tear, properly cleaned and free of any hazardous materials and contaminates.
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 Ruby Valley Rentals at the time the Equipment is ready to be
picked up at the Site. 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 or called off rent by the estimated end of the Rental Period specified on the
front, in addition to the charges set forth in this Agreement, Customer agrees to pay the
applicable rental rate for the Equipment until the end of the Rental Period.
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10. 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.
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11. Disclaimer of Warranty: Limitation of Liability. All Equipment rented or to
Customer, whether new or used, is rented AS IS, WHERE IS. The term "AS IS,
WHERE IS" means that Customer has received and accepts the Equipment in its then
current condition, with all faults, and without any representation or warranty by Ruby
Valley Rentals, express or implied. Ruby Valley Rentals passes through to Customer
the manufacturer's warranty, if applicable, and no oral representations or warranties are
binding on Ruby Valley Rentals. RUBY VALLEY RENTALS MAKES NO WARRANTY
OF MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR
USE OR PURPOSE, EITHER EXPRESSED OR IMPLIED, STATUTORY OR
OTHERWISE, OR THAT IT IS FREE OF LATENT DEFECTS. Customer acknowledges
that Ruby Valley Rentals is not a manufacturer of the Equipment, and waives all claims
for damages for breach of warranty, including claims for injury, property damage, parts,
labor, delay or business interruption to the customer or third parties. Under no event is
Ruby Valley Rentals responsible for special, indirect, incidental or consequential
damages.
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12. Services: If Ruby Valley Rentals provides Services to Customer, including training,
repair or maintenance, it will use professional skill and judgment in accordance with
normally accepted industry standards. If Ruby Valley Rentals fails to do so, and as its
only obligation to Customer for defective Services, Ruby Valley Rentals will perform
those Services again at its expense.
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13. Customer's Indemnification: Customer at its expense will reimburse, indemnify,
and hold harmless, Ruby Valley Rentals, its agents, officers, directors and employees,
against all losses, liabilities, damages, injuries, demands, costs, expenses (including
legal and investigative fees), claims, fines, settlements or penalties, including bodily
injury, death, property or other damage arising out of or related to any breach of this
Agreement and Customer's use of the Equipment. This indemnification includes
improper use, possession, operation, erection, dismantling, servicing or transport of the
Equipment, and the disabling or altering of any safety device. Customer must present a
claim to its insurance carrier for any loss, damage or injury.
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14. Customer Insurance Obligations: Customer agrees to maintain appropriate
insurance protecting Ruby Valley Rentals 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 coverages, for each person and each occurrence. Customer agrees to name
Ruby Valley Rentals as an additional insured. Customer must elect to name Ruby
Valley Rentals as loss pa y ee evidencing coverage for theft or physical damage to the
Equipment in an amount equal to the greater of the aggregate value of all Equipment,
the Customer must have a certificate of insurance on file with Ruby Valley Rentals or
provide a certificate of insurance evidencing all required coverage at the time of rental.
Ruby Valley Rentals 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, the
Customer will be responsible for any loss or damage to the Equipment until it is returned
pursuant to Section 9 of this Agreement.
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15. 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. The basic daily,
weekly and 4 week rental entitles Customer to a maximum of one-shift use based on an
8 hour day, 40 hour week, 160 hours for 4 weeks. In the event the Equipment is used
for a longer period, overtime rental will accrue at the hourly rate of 118 of the daily
charge (daily rental), 140th of the weekly charge (weekly rental) and 1/160th of the 4
week charge (4 week rental), plus applicable taxes. Customer must return the
Equipment with full fuel tanks or be subject to a refueling charge.
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16. Payment: Payment of all rental and service expenses, stated on the front of this
Agreement, and payment for any loss of damage to the Equipment is due in full upon
receipt of invoice by Customer. All amounts unpaid after 30 days will accrue interest
from the date due at the lesser of 18% per annum, or the maximum amount permitted
by law, plus costs, attorney's fees and all expenses of collection and repossession of
the Equipment. Ruby Valley Rentals may offset amounts due under this Agreement
against any amounts Ruby Valley Rentals owes to Customer.
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17. Events of Default: It will be an event of default under this Agreement if Customer
fails to make payments when due; breaches any provision of this Agreement; becomes
insolvent, ceases doing business, if a petition for bankruptcy is filed by or against
Customer; or if Customer is in default of any other agreement with Ruby Valley Rentals.
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18. Remedies of Ruby Valley Rentals: In the event of default, or if Customer fails to
return the Equipment on the date due for any reason, Customer agrees that Ruby
Valley Rentals may enter without notice the Customer's premises to repossess or
render the Equipment inoperable. Ruby Valley Rentals may also terminate this
Agreement without notice and without prejudice to any other claim Ruby Valley Rentals
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 (including all attorney’s fees and costs). Ruby Valley
Rentals remedies under this Agreement are cumulative and in addition to all other
remedies existing at law or in equity. Ruby Valley Rentals may establish a security
interest, which allows Ruby Valley Rentals to collect, outside of this contract, what is
owed to them; per the Uniform Commercial Code (“UCC”).
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19. Dispute Resolution: This Agreement is governed by Montana law and any dispute
between the parties will be resolved under Montana law in Madison County, MT, and
Customer consents to jurisdiction and venue in Madison County, MT. If there is any
litigation between the parties, the prevailing party is entitled to its costs and legal fees.
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20. Privacy Consent: The Customer consents to the collection and use of personal
information by Ruby Valley Rentals, its affiliates, agents or service providers for any
purpose permitted by law.
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21. Miscellaneous: This Agreement constitutes the complete and exclusive statement
of the terms and conditions between the parties, and may be modified only by a writing
e x ecuted by both of them. Customer may not assign this Agreement without Ruby
Valley Rentals prior written consent.
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22. Acceptance: The terms and conditions of this Agreement will be deemed accepted
upon the signature by Customer or commencement of the Rental Period.
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By submitting an e-signature and dating this form, you agree to the binding terms of the this agreement.
