Air Compressor Rental Agreement
Call LANS COMPRESSORS (888) 596-5267
Rental and Service Terms
The below terms apply to your rental of equipment from or provision of services by Lans Compressors. Please read carefully. By accepting delivery of the Equipment or Services (defined below) or making payment(s) to Lans for the same, Customer agrees to be bound by the Rental and Service Terms and even if the Rental and Service Agreement has not been fully executed.
Indemnity/ Hold harmless
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. Customer further acknowledges that Customer has inspected the propulsion tank of vehicles registered and licensed, or required to be registered and licensed, for use on any highway or public road prior to taking possession thereof. Customer has inspected or will inspect all hitches, bolts, safety chains, hauling tongues, and other devices and materials used to connect the Equipment to Customer’s towing vehicle, if any. Customer acknowledges Lans is not responsible for any damage to Customer’s towing vehicle caused by detachable hitches or mirrors. With respect to the rental of Tanks, Customer shall only store compressed air in the Tanks.
Limitation of liability
Customer shall provide Lans with the information and the documentation Lans requests to assess, plan, and perform the Services and/or provide the Equipment. All Equipment is provided and Services are performed based on information provided by Customer. Customer recognizes that it is impossible for Lans to assure the accuracy, completeness and sufficiency of information provided by others, either because it is impossible to verify, or because of errors or omissions that may have occurred in assembling such information. Customer is responsible for providing a secure and safe work environment for all parties, including Lans and its employees, and for ensuring that the Services are carried out in compliance with applicable laws.
Use of equipment
Customer is familiar with the proper operation and use of each item of Equipment. Customer has selected the Equipment based on its requirements and will not use or allow anyone to use the Equipment for an illegal purpose or in an illegal manner; without a license, if required under any applicable law; or who is not qualified to operate it. Customer agrees to: (i) check filters, oil, fluid levels and tire air pressure; (ii) clean and visually inspect the Equipment daily; and (iii) immediately cease using the Equipment and notify Lans if Equipment needs repair or maintenance. Customer acknowledges that Lans has no responsibility to inspect the Equipment while it is in Customer’s possession. Lans shall have the right to replace the Equipment with other reasonably similar equipment at any time and for any reason.
Compliance with applicable laws
Customer shall, at Customer’s sole expense, comply with all applicable municipal, state, and federal laws, ordinances and regulations (including but not limited to those relating to worker safety or the environment), building and zoning codes, professional licenses, and licenses and permits which may apply to the use of the Equipment. Licenses and Permits include, without limitation, the discharge of treated water, and disposal of waste or spent Specialty Media or other materials, and security, traffic control and road crossings associated with the use of the Equipment. When transporting Non-Hazardous Waste, Lans shall not be deemed to have taken license of any Non-Hazardous Waste and Customer shall remain the generator of such waste. Customer shall be subject to the provisions of Section 7(B) if any materials being transported are “Regulated Materials” as defined therein. Customer shall ensure that the Equipment at all times remains movable personal property. Customer shall not permit or allow the Equipment to be incorporated, attached or joined to any real or immovable property such that it causes the Equipment to be deemed a fixture. For Equipment subject to California’s Portable Equipment Registration Program, Customer acknowledges receipt of a written copy of the registration for each engine.
Warranty/ Disclaimer of warranties
LANS WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON DELIVERY AND THE SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LANS MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE EQUIPMENT, SPECIALTY MEDIA, OR SERVICES AND MAKES NO WARRANTIES AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING THE PERFORMANCE OF ANY FILTRATION EQUIPMENT TO MEET ANY APPLICABLE REGULATORY STANDARD. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS OR CONTAMINANTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THE AGREEMENT, LANS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION. IN THE EVENT OF A BREACH OF THE ABOVE EQUIPMENT WARRANTY, LANS SHALL, AT ITS SOLE COST AND EXPENSE, REPAIR OR REPLACE THE EQUIPMENT. IN THE EVENT OF A BREACH OF THE ABOVE SERVICE WARRANTY, LANS SHALL, AT ITS SOLE COST AND EXPENSE, RE-PERFORM THE SERVICE.
Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and notify Lans. If such condition is the result of normal operation, Lans will repair or replace the Equipment with reasonably-similar Equipment in working order, if such replacement Equipment is available. Lans has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. Customer must return the Equipment to the Store Location or notify Lans within twenty-four (24) hours from the time of defect in order to terminate rental charges.
Return of equipment/ Damaged & lost equipment
At the expiration of the Rental Period, Customer will return the Equipment to the Store Location during Lans’ regular business hours or if Lans has agreed to pick up the Equipment, Lans shall endeavor to pick up the Equipment within a commercially reasonable period of time. Customer is obligated to restore the Equipment to the same condition as when delivered, reasonable wear and tear (as defined below) excepted. Tanks shall be empty of all contents. Customer shall be responsible for all damages to or loss of the Equipment from the time Customer takes possession of the Equipment until the Equipment is either returned to the Store Location by Customer or picked up by Lans. In the case of the loss or destruction of any Equipment, or inability or failure to return same to Lans for any reason whatsoever, Customer will pay Lans the then full replacement list value of the Equipment together with the full rental rate as specified until such Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay Lans the reasonable cost of repair. Customer agrees that Lans 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 damaged or lost Equipment.
Disinfecting: During a widespread or global occurrence of an infectious disease, for Equipment handled by a person known or suspected to be infected or used in a known or suspected zone of infection including but not limited to permanent or temporary healthcare facilities and testing facilities, ambulance interiors, and biological laboratories, Customer shall disinfect the Equipment in accordance with the following requirements: (i) disinfection must be performed by an independent contractor acceptable to Lans; (ii) it must be documented to Lans’ satisfaction; (iii) in the event Customer is unable to disinfect in accordance the Equipment, Lans will disinfect it and charge Customer for the costs incurred.
Reasonable wear and tear
Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one -shift basis. The following shall not be considered reasonable wear and tear: (i) damage resulting from lack of lubrication, insertion of improper fuel or maintenance of necessary oil, water and air pressure levels; cavitation; or freezing; (ii) except where Lans expressly assumes the obligation to service or maintain the Equipment, any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer’s operation and maintenance manual; (iii) damage resulting from any collision, overturning or improper operation, including overloading or exceeding the rated capacity of the Equipment; (iv) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof; (v) wear resulting from use in excess of shifts for which rented; and (vi) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.
Customer agrees that if the Equipment is not returned by the end of the Rental Period, or if the Tanks are not empty when Lans comes to the Customer site to pick up the Tanks, Lans, 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; (C) pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period; or (D) assess a pickup charge if the Tanks are not empty. Customer agrees that Lans 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.
Rental period/ Calculation of charges
Rental charges commence when the Equipment leaves the Store Location and end when the Equipment is either returned to the Store Location during Lans’ regular business hours or picked up by Lans after Customer notifies Lans that the Equipment is “off rent”. Pick-up and delivery by Lans is subject to a “Delivery and Pick-up Service Charge,” the amount(s) of which are disclosed on the Rental and Service Agreement. Rental charges do not include the cost of the Refueling Service Charge, any applicable Taxes, the Delivery and Pickup Service Charge, transportation surcharges, the cost of the Environmental Service Charge or other miscellaneous charges, the amount(s) of which are disclosed on the Rental and Service Agreement. Additionally, Lans shall invoice Customer for any additional excess cleaning or repair costs, including: (i) removal of any alterations made by Customer to the Equipment; (ii) restoration of the Equipment to its original configuration; (iii) re-lining or re-painting of Tanks; (iv) disposal of any contents left in Tanks; or (v) transportation to and from an approved repair facility. As set forth herein, “Taxes” shall mean sales tax, goods and services tax, or other taxes, levies and assessments required to be collected by Lans from Customer at any time upon, or in respect of, the Equipment and/or this Agreement. Rental charges accrue during Saturdays, Sundays and Holidays. Rental rates are for normal “one-shift” usage based on an eight (8) hours per day, 40 hours per week and 160 hours per four-week period. On power equipment, operations in excess of one shift will be as follows: one and one-half times the rental charge for double shift and two times the rental charge for triple shift. Customer will truthfully and accurately certify to Lans the number of shifts the Equipment was operated. Customer’s right to possess the Equipment terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of the Agreement. TIME IS OF THE ESSENCE OF THE AGREEMENT.
Refueling service charge
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 may vary depending on the rate being charged by the Store Location 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.
Environmental service charge
Due to the hazardous nature of some waste and other products, to comply with federal and state environmental regulations, and to promote a clean environment, Lans charges an Environmental Service Charge for certain rentals. The Environmental Service Charge is not a government-mandated charge, is not designated for any particular use, and is used at Lans’ discretion. The Environmental Service Charge is $15. Customer acknowledges the items indicated above are subject to the Environmental Service Charge and Customer agrees to pay that Charge.
All 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 Lans’ business operations and it would be impractical and extremely difficult to fix the actual damages caused by late payment. Customer and Lans agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of two percent (2%) per month (24% 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 Lans from Customer at any time upon, or in respect of, the Equipment and/or the Agreement (collectively, “Taxes”). Customer agrees that Lans 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) or 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.
Title/ No purchase option/ No liens
This Agreement is not a contract of sale, and title to the Equipment shall at all times remain with Lans. Unless covered by a specific supplemental agreement signed by Lans, Customer has no option or right to purchase the Equipment. Customer shall keep the Equipment free and clear of all mechanics and other liens and encumbrances.
Tire and tube repair or replacement
Repair or replacement of tires and tubes on Equipment is the responsibility of Customer and is not included in the rental rate.
Customer shall be deemed in default should Customer fail to pay any amount when due hereunder or fail to perform, observe or keep any provision of the Agreement. If Customer is in default, Lans may do any one or more of the following: (i) terminate the Rental Period; (ii) declare the entire amounts due hereunder immediately due and payable and commence legal action therefor; (iii) cause Lans’ employees or agents, with notice but without legal process, to enter upon Customer’s property and take all action necessary to retake and repossess the Equipment, and Customer hereby consents to such entry, re-taking and repossession and hereby waives all claims for damages and losses, physical and pecuniary, caused thereby and shall pay all costs and expenses incurred by Lans in retaking and repossessing the Equipment; or (iv) pursue any other remedies available by law.
Customer’s insurance coverage
Customer agrees to maintain and carry, at Customer’s sole cost, the following insurance: (i) commercial auto liability insurance with at least a per occurrence limit of $2 million; (ii) commercial general liability insurance with limits of insurance not less than $2 million per occurrence and $4 million in the aggregate; and (iii) property insurance for the full replacement cost of the Equipment, including coverage for all risks of loss or damage to the Equipment. Customer shall obtain insurance policies that provide, or are endorsed to provide, that all insurance required hereunder is primary and non-contributory to any other insurance maintained by Lans. Customer shall name Lans as an additional insured for claims arising out of the maintenance, operation, or use by the Customer of equipment rented to Customer by Lans and, if applicable, additional loss payee for property insurance. Customer further agrees that the amount of insurance available to Lans shall be for the full amount of the loss up to policy limits of liability and shall not be limited to the minimum requirements of this Agreement. Any deductibles or self-insured retentions shall be the sole responsibility of the Customer. All insurance required by this Agreement shall include a waiver of rights of recovery against Lans or its insurers by the Customer and its insurers, as well as a waiver of subrogation against Lans or its insurers. The policies required hereunder shall provide that Lans must receive not less than 90 days’ notice prior to any cancellation. Customer shall provide Lans with documented proof of all required insurance coverage.
No assignment, lending or subletting
Customer shall not sublease, subrent, assign or loan the Equipment. Customer agrees to use and keep the Equipment at the job site set forth in the Agreement unless Lans approves otherwise in writing.
Services provided in connection with rental of equipment.
“Fluid Solutions” means fluid storage, transfer, and/or treatment, and includes but is not limited to, the rental of Tanks, pumps, filtration, and any accessories, attachments, or other items delivered to Customer, as well as any ancillary services thereto. Fluid Solutions may include the design, installation, operation, ongoing maintenance, monitoring, and dismantling of the Fluid Solutions system (“Fluid Solutions Services’). Customer shall provide accurate measurements, specifications and any supporting documentation to assist in the Fluid Solutions Services as requested by Lans. Unless otherwise agreed to by the parties, Customer shall (i) have adequate lifting equipment on site to load and unload during set up and break down; (ii) insert, remove and maintain sewer pipe plugs and suction screens as necessary; (iii) provide any and all containment and required matting; (iv) obtain any and all rights of way, permits, and easements as necessary; (v) provide adequate staging areas, water sources, and access thereto; (vi) provide necessary controls of erosion, odor and traffic, including site restoration, as necessary; (vii) provide fueling and/or adequate power, including cable and an electrician, as necessary; (viii) perform daily inspection and maintenance of the Equipment during the Rental Period; and (ix) provide access at all times to the Fluid Solutions system and a clean, unobstructed and safe area to perform the Fluid Solutions Services.
Entire agreement/ Only agreement
These terms and conditions and the front the Agreement, and any Addendum attached thereto, represent the entire agreement between Customer and Lans with respect to the Equipment and the rental and servicing of the Equipment. There are no oral or other representations or agreements not included herein. None of Lans’ rights or Customer’s rights may be changed and no extension of the terms of this Agreement may be made except in writing, signed by both Lans and Customer. Any use of Customer’s purchase order number on this Agreement is for Customer’s convenience only.
Order of precedence
These terms and conditions and the Agreement shall control over any terms and conditions contained in Customer’s purchase order or similar documents and such other terms are hereby rejected by Lans. In the event that Lans signs Customer’s purchase order or similar document, such signature shall be solely for the purpose of acknowledging the order; it being the express intent of the parties that the Agreement and these terms and conditions shall govern all rental and service transactions.