TERMS AND CONDITIONS
1. DIGITAL EXECUTION & ELECTRONIC SIGNATURES
This Agreement may be executed via electronic signature or any other mutually agreed electronic signature platform. Electronic signatures, as well as faxed or scanned copies of signed originals, shall be deemed the equivalent of original handwritten signatures and are legally binding under the Uniform Electronic Transactions Act (UETA), 73 P.S. §§ 2260.101 et seq., and the federal Electronic Signatures in Global and National Commerce Act (ESIGN), 15 U.S.C. § 7001 et seq. Customer represents that the person executing this Agreement has full authority to do so on behalf of Customer and is eighteen (18) years of age or older.
2. PAYMENT & CREDIT CARD AUTHORIZATION
Customer agrees to pay the rental rates set forth above for the full rental term, plus all applicable Pennsylvania sales tax, fuel surcharges, cleaning fees, and any assessed damage or loss charges. Customer explicitly and unconditionally authorizes Stetson Bros. Ace Hardware ('Company') to charge the credit card or other payment method on file for all such amounts. This authorization survives return of the equipment and remains in effect until all amounts owed are paid in full. Disputes as to any charge must be submitted to the Company in writing within fifteen (15) days of the charge date; failure to dispute within that period constitutes Customer's acceptance of the charge. Unpaid balances shall accrue interest at the rate of 1.5% per month, or the maximum rate permitted by Pennsylvania law, whichever is less, from the date due until paid in full. This Agreement shall be binding upon Customer's heirs, successors, and assigns. Customer acknowledges that the Company may report delinquent accounts to credit reporting agencies in accordance with applicable law, including the Fair Credit Reporting Act.
3. RENTAL PERIOD & LATE RETURNS
The rental period begins at the date and time the equipment leaves the Company's possession ('Checkout Time') as recorded on this Agreement. The rental period ends only when the Company's authorized employee physically inspects the returned equipment and issues a written or digital 'Return Receipt.' Time is of the essence. If equipment is not returned by the agreed return date and time, Customer shall be charged for each additional full rental period (daily, weekly, or monthly, as applicable) at the same rate, to compensate the Company for lost rental revenue and administrative costs. Continued possession of equipment beyond the agreed return date without the Company's written consent may constitute conversion under Pennsylvania law, and the Company reserves all legal remedies, including recovery of the equipment without notice.
4. GEOGRAPHIC RESTRICTIONS & PERMITTED USE
Customer agrees to use the equipment only for its intended purpose and in a lawful manner consistent with all applicable federal, state, and local laws, regulations, and ordinances. Equipment shall not be operated by any person other than Customer or Customer's authorized employees or agents who are properly licensed and trained for such equipment. Customer shall not permit operation of the equipment under the influence of alcohol, drugs, or any substance that may impair judgment or reaction time. Any use of the equipment outside the permitted geographic area or by unauthorized operators voids all rights under this Agreement and any Damage Waiver, and constitutes a default under Section 12.
5. SUBSURFACE WORK & EXCAVATION
For any equipment used for digging, trenching, boring, or any subsurface or ground-disturbing work (including but not limited to excavators, trenchers, augers, and stump grinders), Customer shall contact the applicable utility notification service for the jurisdiction in which work is performed — PA One Call (811) for work in Pennsylvania or Dig Safely New York (811) for work in New York — at least three (3) business days prior to commencing any excavation or digging; (b) obtaining all required permits; and (c) ensuring all underground utilities, cables, pipes, and other subsurface structures are properly identified and marked before work begins, as required by the Pennsylvania Underground Utility Line Protection Law, 73 P.S. §§ 176 et seq. Customer assumes all liability for any damage to underground cables, utilities, pipes, or structures, and agrees to indemnify and hold the Company harmless from any resulting claims, fines, or penalties.
6. FUEL & CLEANING
Equipment must be returned with a full tank of fuel of the type specified by the manufacturer. Failure to return equipment with a full tank will result in a fuel surcharge equal to the Company's cost of fuel plus a refueling service fee as posted at the Company's place of business. Customer agrees to return the equipment in a reasonably clean condition, free of excessive mud, concrete, debris, or other materials. If equipment is not returned in rental-ready condition, a cleaning fee will be assessed. Posted fuel and cleaning fee schedules are available at the Company's counter and are incorporated by reference into this Agreement.
7. HOURS OF USE, EXCESS USAGE & TELEMATICS
Rental rates are based on standard single-shift use of up to eight (8) hours per calendar day, unless otherwise specified in writing at the time of rental. 'Double-shifting' (operating the equipment for more than eight hours in any calendar day) or use that exceeds ordinary operating parameters is prohibited without prior written consent and additional payment. Any unauthorized excess use will result in additional prorated rental charges reflecting the accelerated wear and tear on the equipment. The Company reserves the right to inspect hour meters or telematics data to verify usage. Customer shall not tamper with, disable, or obscure any hour meter, telematics device, GPS unit, or other monitoring system installed on the equipment. Tampering constitutes a material default and entitles the Company to terminate this Agreement immediately. Customer expressly consents to the Company's collection and use of GPS and telematics data for purposes of equipment tracking, maintenance scheduling, usage verification, and enforcement of this Agreement, in compliance with applicable privacy laws. Customer shall indemnify the Company against any third-party claims arising from Customer's unauthorized disclosure or misuse of such data.
8. CARE, MAINTENANCE & INSPECTION
Customer acknowledges receipt of all applicable operator manuals, use instructions, and safety warnings for the rented equipment. Customer has an affirmative duty to: (a) inspect the equipment before use and immediately report any pre-existing damage or defects to the Company in writing; (b) perform all routine daily maintenance required by the manufacturer (checking fluid levels, greasing fittings, etc.); (c) protect the equipment from weather, theft, and vandalism while in Customer's possession; and (d) return the equipment in the same condition as received, ordinary wear and tear excepted. For equipment with Tier 4 Final emissions engines, Customer must strictly comply with all manufacturer standards, including proper use of diesel exhaust fluid (DEF), to avoid engine damage or regulatory fines. Customer's failure to report pre-existing damage before use constitutes Customer's acceptance that all damage discovered upon return occurred during the rental period.
9. THEFT, LOSS & THIRD-PARTY LIABILITY
Customer is solely responsible for the security and safekeeping of the equipment during the rental period. In the event of theft, Customer must: (a) immediately notify local law enforcement and obtain a police report number; (b) notify the Company within twenty-four (24) hours of discovering the theft; and (c) cooperate fully with the Company's recovery efforts and any insurance investigation. Customer acknowledges that the Company does not carry insurance on rented equipment for the benefit of Customer, and that Customer is responsible for carrying adequate insurance to cover theft, damage, and third-party liability arising from Customer's use and possession of the equipment. The Company strongly encourages Customer to verify that Customer's general liability insurance, homeowner's policy, or contractor's insurance covers rented equipment.
10. ASSUMPTION OF RISK & MUTUAL INDEMNITY
Customer acknowledges that the equipment described herein is inherently dangerous and capable of causing serious bodily injury, death, and significant property damage. TO THE FULLEST EXTENT PERMITTED BY PENNSYLVANIA LAW, Customer: (a) voluntarily and knowingly assumes all risks of loss, damage, injury, or death arising from Customer's use, possession, loading, unloading, transportation, or storage of the equipment; and (b) agrees to indemnify, defend, and hold the Company, its owners, officers, employees, and agents harmless from all claims, suits, liabilities, costs, legal fees, and damages arising from Customer's use or possession of the equipment, including claims by third parties. NOTWITHSTANDING THE FOREGOING, THIS CUSTOMER INDEMNITY SHALL NOT APPLY TO LOSSES CAUSED SOLELY BY THE COMPANY'S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Reciprocally, the Company agrees to indemnify Customer solely for claims arising directly and exclusively from the Company's gross negligence or willful misconduct during periods of exclusive Company control, including storage of the equipment prior to Customer checkout and transit by Company personnel. This mutual indemnity is limited to direct damages and shall not extend to consequential, incidental, or punitive damages. Customer should not execute this Agreement without ensuring adequate liability insurance is in place.
11. DAMAGE WAIVER
If Customer has elected and paid for the Damage Waiver (REP) as indicated on the face of this Agreement, the Company agrees to waive a portion of its claim against Customer for direct physical damage to the equipment caused by an accident during normal and authorized use, subject to the following specific limits and exclusions:
• COMPANY SUPPLEMENT: Stetson Bros. will pay or waive the first $3,000.00 of the total cost of repair or replacement per occurrence.
• CUSTOMER RESPONSIBILITY: Customer is strictly and solely responsible for all repair or replacement costs exceeding $3,000.00. This Agreement constitutes a limited waiver of the first $3,000.00 only; it is not insurance, and it does not eliminate Customer’s liability for the full value of the equipment in the event of a major loss or "totaling" of the machine.
• EXCLUSIONS: This limited waiver does NOT apply to, and Customer remains 100% responsible for all costs associated with:
o (a) Damage caused by misuse, abuse, overloading, or operation contrary to manufacturer specifications;
o (b) Damage to tires, tracks, tubes, glass, or hydraulic hoses;
o (c) Theft, mysterious disappearance, or conversion;
o (d) Damage occurring during transport or loading/unloading by the Customer;
o (e) Damage caused by lack of lubrication or use of improper fuel/fluids;
o (f) Damage caused by an unauthorized or unlicensed operator; or
o (g) Any damage occurring while the Customer is in violation of any term of this Agreement.
Acceptance of this waiver does not diminish the Customer's duty to maintain their own primary liability and property insurance. In the event of a major loss, Customer is expected to file a claim with their own insurance provider for the balance exceeding $3,000.00.
12. DEFAULT & REMEDIES
The following shall each constitute a material default under this Agreement: (a) failure to pay any amount when due; (b) providing false or materially misleading information in connection with this Agreement; (c) moving or using the equipment outside of the permitted geographic area without written consent; (d) unauthorized subletting, lending, or pledging of the equipment; (e) tampering with any monitoring equipment; (f) abandonment of the equipment; or (g) any use of the equipment in violation of this Agreement or applicable law. Upon default, the Company may, at its election and without limiting other remedies: (i) declare all amounts immediately due and payable; (ii) terminate this Agreement; and (iii) take possession of the equipment. To the extent permitted by Pennsylvania law, Customer waives notice of repossession in the event of default; however, the Company shall provide written or verbal notice of default where practicable and where doing so does not delay the Company's ability to secure the equipment. Customer shall be liable for all costs of repossession, including reasonable attorneys' fees.
13. NO WARRANTIES & LIMITATION OF DAMAGES
THE COMPANY IS NOT THE MANUFACTURER, DESIGNER, OR INSTALLER OF THE RENTED EQUIPMENT. THE EQUIPMENT IS PROVIDED 'AS IS,' AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. Customer's sole remedy for defective equipment is return of the equipment for a prorated refund of unused rental time. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, OR DELAY DAMAGES, ARISING FROM THE USE OR INABILITY TO USE THE EQUIPMENT. THE COMPANY'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER FOR THE SPECIFIC RENTAL GIVING RISE TO THE CLAIM. Customer acknowledges that this limitation is a material inducement for the Company to offer rental services at the stated rates.
14. ENVIRONMENTAL COMPLIANCE
Customer agrees to comply with all applicable federal, state, and local environmental laws and regulations in connection with use of the equipment, including but not limited to proper containment and disposal of fuels, oils, hydraulic fluids, and other hazardous materials. Customer shall not operate the equipment in a manner that causes contamination of soil, groundwater, or waterways. Customer shall be solely liable for any environmental cleanup costs, regulatory fines, or third-party claims arising from Customer's use of the equipment, and agrees to indemnify and hold the Company harmless from any such claims or costs.
15. TRANSPORTATION, DELIVERY & RISK OF LOSS
If Customer transports the equipment, Customer assumes sole responsibility for safe and lawful transportation, including compliance with all applicable vehicle weight limits, load securement requirements under applicable state law, and permit requirements for the jurisdiction(s) of travel. Risk of loss and damage transfers to Customer immediately upon the equipment leaving the Company's premises or, for Company-delivered rentals, upon the equipment reaching the delivery destination and being made available for Customer inspection, even if unloading is not yet complete. Risk of loss reverts to the Company only upon the Company's authorized employee physically inspecting and accepting the returned equipment. Customer shall indemnify the Company for any claims arising from incidents at Customer's site, including incidents involving Customer personnel who assist with unloading or loading. If the Company delivers or retrieves the equipment, delivery fees will be charged as agreed. The Company agrees to indemnify Customer solely for claims arising from the Company's gross negligence or willful misconduct during periods of exclusive Company transit (i.e., prior to delivery or after pickup by Company personnel), subject to the limitations of Section 10.
16. PERSONAL INJURY & WORKER SAFETY
Customer is solely responsible for ensuring that all operators of the equipment have received adequate training and hold any licenses or certifications required by law. Customer shall comply with all applicable OSHA regulations and Pennsylvania Department of Labor & Industry safety requirements applicable to the equipment. The Company makes no representation that the equipment is compliant with any particular worksite safety plan, and Customer assumes all responsibility for worksite safety.
17. SEVERABILITY, WAIVER & ENTIRE AGREEMENT
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified only to the minimum extent necessary to make it enforceable. The Company's failure to enforce any provision of this Agreement on any occasion shall not constitute a waiver of that provision or any other provision. This Agreement, together with any equipment checklist or addendum signed at the time of rental, constitutes the entire agreement between the parties with respect to the rental of the described equipment and supersedes all prior oral or written representations.
18. GOVERNING LAW, VENUE & ATTORNEYS' FEES
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the Court of Common Pleas of Erie County, Pennsylvania, or, if federal jurisdiction exists, in the United States District Court for the Western District of Pennsylvania. Customer irrevocably consents to personal jurisdiction and venue in such courts and expressly waives any objection to such venue or jurisdiction, including any objection based on improper venue or inconvenient forum. In any action to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. Notwithstanding the foregoing, the Company reserves the right to bring any action in any court of competent jurisdiction in the state where the equipment was used
19. FORCE MAJEURE
Neither party shall be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, fire, flood, storm, earthquake, epidemic, pandemic, war, terrorism, civil unrest, labor strikes, governmental orders or restrictions, supply chain disruptions, or utility failures ('Force Majeure Event'). The party experiencing a Force Majeure Event shall provide prompt written notice to the other party describing the nature and anticipated duration of the event. Rental charges shall be tolled for the duration of a Force Majeure Event if the equipment cannot be returned due solely to that event, provided the Company has received timely notice as required herein. This Section does not excuse Customer's obligation to pay any charges already accrued prior to the Force Majeure Event.