EQUIPMENT RENTAL AGREEMENT TERMS AND CONDITIONS (“AGREEMENT”)
1. GENERAL. This Agreement is between NOMAD-SKY SOLUTIONS LLC and the customer identified on the front page of this Agreement (“Renter”). NOMAD-SKY SOLUTIONS LLC will provide Renter the equipment described on the front page of this Agreement and in accordance with the terms set forth in this Agreement. NOMAD-SKY SOLUTIONS LLC will provide the Equipment “as is” and in good working condition during the rental period (the “Rental Period”) and according to the initial rental subtotal price identified on the front page of this Agreement (“Rental Price”). Renter agrees to return the Equipment prior to the expiration of the Rental Period, or to pay the additional rental fees described in Section 8. To the extent Renter has entered into a Master Rental Agreement (“MRA”) with NOMAD-SKY SOLUTIONS LLC and the terms of the MRA and this Agreement conflict, then the terms of the MRA will govern.
2. PAYMENT. All rentals require a 25% non-refundable deposit at the time of booking. In the event of cancellation, this deposit is non-refundable. However, the full amount of the deposit may be applied as credit toward a future order placed within 12 months of the original booking date.
To apply the deposit to a future rental, the new booking must be for a service of equal or greater value of the deposit. Any remaining balance after applying the deposit will need to be paid according to our standard payment terms.Please note, this credit is non-transferable and can only be used once
Renter is responsible for all remaining charges due in full at least 24 hours prior to the commencement of the Rental Period or upon NOMAD-SKY SOLUTIONS LLC’s request, using a payment card approved by NOMAD-SKY SOLUTIONS LLC (“Renter Card”), including deposits (“Deposits”). Renter consents to the reservation of credit for estimated charges due, and authorizes NOMAD-SKY SOLUTIONS LLC to process all amounts due, on Renter Card. All charges are subject to audit, and either party will promptly pay to or credit the other party for any necessary adjustments or corrections to charges as a result of the audit. Renter must notify NOMAD-SKY SOLUTIONS LLC in writing of any disputed amounts, including credit card charges, within twenty-five (25) days after the receipt of NOMAD-SKY SOLUTIONS LLC rental contract/invoice, or Renter will be deemed to have irrevocably waived its right to dispute such amounts. Renter will also pay all direct costs of collection, including attorney fees, and interest at the highest rate permitted by law on any past-due amounts.
3. CANCELATION POLICY.
(a) In the event Renter cancels reservation of equipment within 24 hours of the scheduled pickup/ delivery time, a cancellation fee will be charged to the credit card on file equal to the full reservation cost or rental cost for (3) days of equipment rental at the individual day rate, whichever is less.
(b) In the event Renter cancels reservation of equipment greater than 24 hours before the scheduled pickup/ delivery time no additional charges will be issued. Any payments received prior to the cancelation will be returned with the exception of those outlined in Section 2 above.
4. PERMITTED USE/RESTRICTIONS/MAINTENANCE. Renter agrees that NOMAD-SKY SOLUTIONS LLC has no control over the manner in which the Equipment is operated during the Rental Period. Renter warrants that:
(a) Renter will inspect the Equipment to confirm that it is in good condition, without defects and is suitable for Renter’s intended use;
(b) Renter has received all information requested regarding the operation of the Equipment;
(c) Renter will: (I) use the Equipment for its intended purpose, and follow all operating and safety instructions, (II) immediately discontinue use of the Equipment if it becomes unsafe or in a state of disrepair, and (III) not use the Equipment in a negligent, unauthorized, or abusive manner;
(d) The Equipment will be kept in a secure location;
(e) Renter will maintain possession of the Equipment and will not sublease, sell the Equipment, or assign this Agreement;
(f) Renter will keep the Equipment free and clear of all liens, charges and encumbrances;
(g) Renter will use the Equipment in compliance with all applicable laws and regulations;
(h) Renter will not alter or cover up any decal or insignia on the Equipment
(i) Renter will not aid in the vandalism or theft of the Equipment;
(j) Renter will not rent the Equipment upon the basis of false or misleading information;
(k) Renter will not remove, operate, or utilize the Equipment outside of the continental United States, Canada or Mexico.
I. Equipment Return.
(a) On or before on the date and at the time specified in the Agreement, Renter will return the Equipment to NOMAD-SKY SOLUTIONS LLC at the location where the Equipment was rented in the same condition as when rented. Moreover, if the Equipment is not returned as specified in this Section 1 (I), a cleaning charge, a drop charge or a rate change may apply (in addition to any remedies set forth in Section 8 below). If the Equipment is not returned at the expiration of the Rental Period or if NOMAD-SKY SOLUTIONS LLC determines that the Equipment is no longer in Renter’s possession, Renter will be deemed unlawfully in possession of the Equipment, and NOMAD-SKY SOLUTIONS LLC may, among other remedies, seek the issuance of a warrant for the arrest of Renter or any other person in possession of the Equipment.
II. Telematics. The Equipment may be equipped with a telematics device that enables NOMAD-SKY SOLUTIONS LLC to monitor the use and location of the Equipment. The telematics device is used to collect the Equipment’s location (determined by GPS systems) and systems status information. NOMAD-SKY SOLUTIONS LLC may use the information for various purposes, including, but not limited to: (i) locating lost or stolen Equipment; (ii) analyzing and improving NOMAD-SKY SOLUTIONS LLC’s rental program; (iii) enforcing the terms of this Agreement; or (iv) providing Renter with support, assistance, or services. NOMAD-SKY SOLUTIONS LLC may share information collected with companies performing services for NOMAD-SKY SOLUTIONS LLC, and as deemed necessary by NOMAD-SKY SOLUTIONS LLC, (A) to comply with legal process or a request from a governmental entity, and (B) to protect NOMAD-SKY SOLUTIONS LLC's rights and property.
III. Investigations. All Renters will promptly complete incident reports, deliver to NOMAD-SKY SOLUTIONS LLC a copy of all related documents, and fully cooperate with NOMAD-SKY SOLUTIONS LLC’s investigation of any vandalism, theft, accident, claim or lawsuit involving the Equipment. This obligation to cooperate does not create a duty of defense by NOMAD-SKY SOLUTIONS LLC.
5. EQUIPMENT DAMAGE / REPAIRS / PROTECTION.
(a) Equipment Damage. Regardless of fault, Renter is responsible for all loss of and damage to tools and large equipment (including loss or damage due to normal use and damage caused by theft, abuse, misuse, neglect, or intentional acts). Renter is responsible for NOMAD-SKY SOLUTIONS LLC’s loss of use and an administrative charge for expenses associated with processing the loss and damage claim (collectively, “Administrative Charges”).
(b) Equipment Protection Plan. Equipment Protection Plan is an optional service offered by NOMAD-SKY Solutions LLC that, if selected, modifies this Agreement to limit Renter reasonability to 50% of repair charges, replacement charges or Administrative Charges above $250 if the Equipment is damaged during normal use during the Rental Period (“Equipment Protection Plan”). Renter is assumed to accept the addition of the Equipment Protection Plan to their order unless expressly communicated to NOMAD-SKY SOLUTIONS LLC by phone or email. In the event Renter elects Equipment Protection Plan services: (i) the charge for Equipment Protection Plan is 15% of the Rental Price and will appear as a separate line-item on the invoice; and (ii) Equipment Protection Plan does not cover loss of or damage to equipment caused by anything other than normal use, including damage caused by abuse, misuse, neglect, or intentional acts. Renter expressly acknowledges and agrees that Renter will be responsible for all loss or damage caused by anything other than normal use of equipment. Equipment Protection Plan is not insurance and NOMAD-SKY SOLUTIONS LLC may make a profit on its Equipment Protection Plan.
(c) Repairs. In the event Renter elects not to purchase Equipment Protection Plan, Renter agrees that an estimated “Repair Cost” will be charged for equipment that is returned with damage due to abuse, misuse, neglect, or intentional acts. The Repair Cost will not exceed the fair market value of the Equipment and applicable fees. Renter acknowledges and agrees to pay the Repair Cost and authorizes NOMAD-SKY SOLUTIONS LLC to charge the Repair Cost to the Renter Card. All maintenance or repairs must be performed by NOMAD-SKY SOLUTIONS LLC.
6. LIMITATION OF LIABILITY.
DURING THE RENTAL PERIOD, RENTER ASSUMES ALL RISKS ASSOCIATED WITH AND FULL RESPONSIBILITY FOR THE POSSESSION, CUSTODY AND OPERATION OF THE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, RENTAL CHARGES, RENTER TRANSPORT, LOADING AND UNLOADING, PROPERTY DAMAGES AND DESTRUCTION, LOSSES, PERSONAL INJURY, AND DEATH. RENTER EXPRESSLY ASSUMES ALL RISK OF DAMAGE TO THE EQUIPMENT AS PROVIDED IN SECTION 4. FAILURE TO RETURN THE EQUIPMENT COULD LEAD TO RENTER BEING PROSECUTED FOR A CRIME.
7. NO WARRANTIES. NOMAD-SKY SOLUTIONS LLC does not design or manufacture the Equipment and is not the agent of the manufacturer or any other supplier of the Equipment. NOMAD-SKY SOLUTIONS LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Renter acknowledges acceptance of the Equipment “as is” and on a “where is” basis, with “all faults” and without any recourse whatsoever against NOMAD-SKY SOLUTIONS LLC.
8. INDEMNIFICATION.
(a) EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER HEREBY INDEMNIFIES, RELEASES, AND HOLDS NOMAD-SKY SOLUTIONS LLC HARMLESS FROM AND AGAINST ALL CLAIMS LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), LIABILITIES AND DAMAGES (INCLUDING PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) ARISING OUT OF: (I) ALL CLAIMS WHICH ARE EXCLUDED FROM OR IN EXCESS OF THE LIABILITY PROTECTION PROVIDED BY NOMAD-SKY SOLUTIONS LLC; (II) ALL CLAIMS BY OR AGAINST NOMAD-SKY SOLUTIONS LLC ARISING OUT OF RENTER’S OPERATION OF THE EQUIPMENT; AND (III) ALL CLAIMS BY OR AGAINST NOMAD-SKY SOLUTIONS LLC ARISING OUT OF RENTER’S FAILURE TO COMPLY WITH ALL TERMS OF THIS AGREEMENT. RENTER’S INDEMNITY OBLIGATION WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, RENTER AGREES THAT THIS CLAUSE WILL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT RENTER’S STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY.
(b) NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT TO THE CONTRARY, NOMAD-SKY SOLUTIONS LLC WILL NOT BE LIABLE TO RENTER, AND RENTER WAIVES ANY CLAIM AGAINST NOMAD-SKY SOLUTIONS LLC FOR LOST USE, LOST PROFIT, LOST REVENUE, LOST SAVINGS, LOST REPUTATION, LOSS OF PRODUCTIVITY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED TO THE RENTAL, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RESULT FROM A BREACH OF THIS AGREEMENT.
9. DEFAULT AND REMEDIES.
(a) Failure to Extend Rental Period: To extend the Rental Period, Renter must obtain NOMAD-SKY SOLUTIONS LLC’s written approval prior to the expiration of such Rental Period. Should Renter fail to return the Equipment prior to the expiration of the Rental Period or fail to return the Equipment in as good order and condition as when received, Renter will be in default of this Agreement. In addition to remedies set forth in Section 3 (III), if the Equipment is not returned prior to expiration of the Rental Period, Renter will be charged an additional rental fee (“Additional Rental Fees”) at the single day rental rate until the first to occur of the following: (i) the Equipment is returned; (ii) NOMAD-SKY SOLUTIONS LLC has received funds in the amount of the value of the Equipment based upon the condition of the Equipment at the beginning of the Rental Period (“Present Value”); or (iii) the 30th day after the Rental Period expires.
(b) Breach of Terms and Conditions. In the event that NOMAD-SKY SOLUTIONS LLC determines Renter has violated any term or condition of this Agreement, NOMAD-SKY SOLUTIONS LLC may take all action necessary to secure either: (i) the return of the Equipment; or (ii) funds equal to the Present Value. In the event NOMAD-SKY SOLUTIONS LLC must take actions pursuant to this Section 8(b) or Section 1(I), Renter will reimburse NOMAD-SKY SOLUTIONS LLC for all costs incurred including, without limitation, reasonable attorney’s fees. Renter expressly agrees and hereby authorizes NOMAD-SKY SOLUTIONS LLC to charge to the Renter Card, all amounts shown on the front page of this Agreement, and all charges subsequently incurred by Renter under or related to this Agreement, including but not limited to: (A) extension of the Rental Period; (B) any charges incurred in connection with the recovery of the Equipment; (C) any charges incurred for failure to return the Equipment, INCLUDING, WITHOUT LIMITATION, ADDITIONAL RENTAL FEES OR EQUIPMENT REPLACEMENT FEES (less any paid Additional Rental Fees). To the extent required by applicable payment card network rules, NOMAD-SKY SOLUTIONS LLC will obtain Renter’s additional authorization to charge Renter Card, if applicable, for any insurance costs related to Equipment loss, theft, or damage during the Rental Period.
(c) Payments. Renter can withdraw authorization to pay the Additional Rental Fees on a weekly recurring payment at any time, and make alternative arrangements to pay the Additional Rental Fees. NOMAD-SKY SOLUTIONS LLC is authorized to obtain updated card account information from the card issuer. Deposits will be returned only after all amounts payable to NOMAD-SKY SOLUTIONS LLC are paid in full. Renter is prohibited to use any NOMAD-SKY SOLUTIONS LLC credit line to pay for delinquent or past due accounts and any future rentals will be postponed until Renter’s account is paid in full. If Renter’s payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a 3'd party collection agency on the 31st day after the expiration of the Rental Period.
(d) No Notice. RENTER HEREBY AGREES THAT RENTER IS NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY NOMAD-SKY SOLUTIONS LLC OTHER THAN WHAT IS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. Should NOMAD-SKY SOLUTIONS LLC fail to meet any of its obligations under this Agreement, Renter’s only remedy is repair or replacement of the Equipment or a rental charge adjustment at NOMAD-SKY SOLUTIONS LLC’s sole discretion.
10. RENTER’S INDEPENDENT STATUS. The relationship between the parties under the Agreement is that of independent contractors. Renter is not the agent or authorized representative of NOMAD-SKY SOLUTIONS LLC for any purpose.
11. GOVERNING LAW. This Agreement will be construed in accordance with the laws of the State of Wisconsin.
12. SEVERABILITY. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If any court finds that any provision of this Agreement is invalid or unenforceable, but by limiting such provision it would be valid and enforceable, then such provision will be deemed to be written, construed, and enforce as so limited.
13. ENTIRE AGREEMENT. This Agreement represents the entire agreement between NOMAD-SKY SOLUTIONS LLC and Renter. This Agreement may not be amended or modified except in writing signed by both parties. This Agreement supersedes any prior written or oral agreements between the parties.