- DEFINITIONS. “Authorized Individuals” are those individuals that Customer directly or indirectly allows to use the Equipment, who must be properly trained to use the Equipment, at least 18 years old or the legal age of majority in the state, whichever is greater and are not under the influence of any drugs, alcohol, substances or otherwise impaired. “Customer” is identified earlier and includes any of your representatives, agents, officers, employees or anyone signing this Contract on your behalf. “Incident” is any fine, citation, theft, accident, casualty, loss, vandalism, injury, death or damage to person or property, claimed by any person or entity that appears to have occurred in connection with the Equipment. “Lost” means the Equipment is either stolen, its location is unknown, or the Customer is unable to recover it for a period of 30 days. “FMV” is the Equipment’s fair market value on or about the date of the Incident relating to the Equipment, plus any administrative fees and expenses .“One Shift” means not more than 8 hours per day, 40 hours per week and 160 hours every 4-week period, provided that double shift will be 150% and triple shift will be 200% of the rental charge on Equipment with hour meters. “Ordinary Wear and Tear” means normal deterioration considered reasonable in the equipment rental industry for One Shift use. “Party” means South Florida Equipment Rentals LLC or Customer and together both are the “Parties”. “Pick-Up Number” the number the customer’s call to pick up Equipment (561-374-4200). “Rental Period” commences when the Equipment is delivered to Customer or the Site Address and continues until the Equipment is picked up by South Florida Equipment Rentals LLC during normal business hours, provided Customer has otherwise complied with this Contract. “Site Address” is the location that the Customer represents the Equipment that will be located during the Rental Period identified earlier.
- TERMS. Customer’s execution of this Contract or taking possession of the Equipment (whichever occurs first) shall be deemed acceptance of the terms herein for this and all past and future contracts between South Florida Equipment Rentals LLC upon the Customer’s receipt of South Florida Equipment Rentals Equipment LLC under those contracts. The Customer rents the Equipment from South Florida Equipment Rentals pursuant to this Contract, which is a true lease. The Equipment is and shall remain the personal property of South Florida Equipment Rentals LLC. The Customer shall not pledge or encumber the Equipment in any manner.
- PERMITTED USE. The Customer agrees and warrants that (a) South Florida Equipment Rentals LLC has no control over the manner in which the Equipment is operated during the Rental Period by the customer or any third party that the customer implicitly or explicitly permits, (b) prior to each use and its return to South Florida Equipment Rentals LLC, the Customer shall inspect the Equipment to confirm that the Equipment is in good condition, without defects, readable decals are on the Equipment, and the Equipment is suitable for Customer’s intended use; (c) the Customer has access to reviews, the operating and safety instructions, and will operate the Equipment in accordance with the manufacturer’s instructions and with utilize proper safety equipment; (d) any apparent agent at the Site Address is authorized to accept delivery of the Equipment (and if the customer requests and authorizes South Florida Equipment Rentals LLC to leave the Equipment at the Site Address without requirement of written receipt); (e) the customer shall immediately stop use and notify South Florida Equipment Rentals LLC (561-374-4200) if the Equipment is damaged, unsafe, disabled, malfunctioning, warning lights come on, levied upon, threatened with seizure, lost, or if any Incident occurs; (f) the Customer has received from South Florida Equipment Rentals LLC all information needed or requested regarding the operation of the Equipment; (g) South Florida Equipment Rentals LLC is not responsible for providing operator or other training unless the Customer specifically requests in writing. (The Customer being responsible to obtain all training that Customer desires prior to the Equipment’s use); (h) South Florida Equipment Rentals LLC is not responsible for Customer’s obligation to provide reasonable accommodation(s) to any (disabled) Authorized Individual(s); (i) only Authorized Individuals shall use and operate the Equipment, however the customer is responsible for the Equipment and its use during the Rental Period regardless of the user; (j) the Equipment shall be used and maintained in a careful manner, within the Equipment’s capacity and in compliance with all applicable laws, regulations, as well as all operating and safety instructions provided on, in or with the Equipment and all applicable federal, state and local laws, permits and licenses, including but not limited to, OSHA and ADA, as revised; (k) The Equipment shall be kept in a secure location; and (l) the Customer shall provide South Florida Equipment Rentals LLC with accurate and complete information, which South Florida Equipment Rentals LLC relies upon to provide the appropriate Equipment to the customer.
- PROHIBITED USE. The Customer shall not (a) alter or cover up any decals or insignia on the Equipment, remove any operating or safety equipment or instructions or alter or tamper with the Equipment; (b) assign its rights under this Contract; (c) move the Equipment from the Site Address without South Florida Equipment Rentals LLC written consent; (d) use the Equipment in a negligent, illegal, unauthorized or abusive manner; or (e) publicize use of the Equipment in any manner (including, without limitation, print, audiovisual or electronic); or (f) allow the use of the Equipment by anyone other than Authorized Individuals (Customer acknowledging that the Equipment may be dangerous if used improperly or by untrained parties).
- MAINTENANCE. The Customer shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, grease, cooling and fluid systems, batteries, tires/tracks cutting edges, and cleaning in accordance with the manufacturer’s specifications, as applicable. All other maintenance or repairs may only be performed by South Florida Equipment Rentals LLC or its vendors, however South Florida Equipment Rentals LLC has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call. If South Florida Equipment Rentals LLC determines that repairs to the Equipment are needed, other than Ordinary Wear and Tear, the Customer shall pay the full repair charges, additional fees, if any, and rental of the Equipment until the repairs are completed. If Equipment is stolen or damaged in excess of 40% of the Equipment’s FMV, the Customer will be responsible for the FMV of the Equipment, including sales tax, as applicable. South Florida Equipment Rentals LLC has the right to inspect the Equipment wherever located. Customer has the authority to and hereby grants South Florida Equipment Rentals LLC and its Vendors the right to enter the physical location of the Equipment for the purposes set forth herein. South Florida Equipment Rentals LLC is responsible for repairs needed because of Ordinary Wear and Tear. The Customer agrees that repairs or replacements of the Equipment are the Customer’s exclusive remedy for South Florida Equipment Rentals LLC breach of this Section. If the Customer breaches this Contract, South Florida Equipment Rentals LLC shall have no obligation to stop the Rental Period, commence repairs or rent other equipment to Customer until Customer or its agent pays for such charges.
- CUSTOMER LIABILITY. DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT. After an Incident, the Customer shall (a) immediately notify South Florida Equipment Rentals LLC, the police, if necessary, and Customer’s insurance carriers; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until South Florida Equipment Rentals LLC or its vendors investigate; (c) immediately submit copies of all police or other third party reports to South Florida Equipment Rentals LLC; and (d) as applicable, pay South Florida Equipment Rentals LLC, in addition to other sums due herein, the rental rate for the Equipment until the repairs are completed or Equipment replaced plus either (i) the FMV or (ii) the full charges of recovery and repairs of damaged Equipment. Accrued rental charges shall not be applied against these amounts. South Florida Equipment Rentals LLC shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident.
- NO WARRANTIES. SOUTH FLORIDA EQUIPMENT RENTALS LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST SOUTH FLORIDA EQUIPMENT RENTAL LLC ENTITIES. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES SOUTH FLORIDA EQUIPMENT RENTAL LLC ENTITIES FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS INSTALLATION, OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF, A BREACH OF SOUTH FLORIDA EQUIPMENT RENTALS LLC OBLIGATIONS HEREIN OR ERRORS OR INACCURACIES IN INFORMATION OBTAINED FROM CUSTOMER OR THIRD PARTIES, UPON WHICH SOUTH FLORIDA EQUIPMENT RENTAL LLC RELIES; PROVIDED HOWEVER, IF CUSTOMER IS A CONSUMER UNDER APPLICABLE LAW, THEN NO CONSEQUENTIAL DAMAGES LIMITATION OF INJURIES TO PERSONS SHALL APPLY.
- RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS SOUTH FLORIDA EQUIPMENT RENTAL LLC ENTITIES HARMLESS AND AT SOUTH FLORIDA EQUIPMENT RENTAL LLC REQUEST, DEFENDS SOUTH FLORIDA EQUIPMENT RENTAL LLC ENTITIES (WITH COUNSEL APPROVED BY SOUTH FLORIDA EQUIPMENT RENTAL LLC), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY’S AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY OR DEATH OF ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE (a) ACCESS, USE, POSSESSION OR CONTROL OF THE EQUIPMENT BY CUSTOMER OR ANY THIRD PARTY THAT CUSTOMER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS, USE, POSSESS OR CONTROL THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. THE CUSTOMER ALSO AGREES TO WAIVE ITS WORKERS’ COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. THE CUSTOMER’S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. All of Customer’s indemnification obligations under this paragraph shall be joint and several.
- INSURANCE. During the Rental Period, Customer shall maintain, at its own expense, the following minimum insurance coverage: (a) for the Customers using Equipment for non personal use, general liability insurance of not less than $1,000,000 per occurrence, including coverage for Customer’s contractual liabilities herein such as the release and indemnification clause contained in Section 8; (b) for the Customers using the Equipment for non personal use, property insurance against loss by all risks to the Equipment, in an amount at least equal to the FMV (c) worker’s compensation insurance as required by law; and (d) automobile liability insurance (including comprehensive and collision coverage, and uninsured/underinsured motorist coverage), in the same amounts set forth in subsections (a) and (b), if the Equipment is to be used on any roadway. Such policies shall be primary, non-contributory, on an occurrence basis, contain a waiver of subrogation, name South Florida Equipment Rentals LLC and its vendors as an additional insured (including an additional insured endorsement) and loss payee, and provide for South Florida Equipment Rentals LLC to receive at least 30 days prior written notice of any cancellation or material change. Any insurance that excludes boom damage or overturns is a breach.The Customer shall provide South Florida Equipment Rentals LLC with certificates of insurance to southfloridaequipmentrentals@gmail.com evidencing the coverages required above prior to any rental and any time upon South Florida Equipment Rentals LLC request. To the extent South Florida Equipment Rentals LLC Entities carry any insurance, South Florida Equipment Rentals LLC Entities’ insurance will be considered excess insurance. The insurance required herein does not relieve Customer of its responsibilities, indemnification, or other obligations provided herein, or for which Customer may be liable by law or otherwise.
- RENTAL PROTECTION. Customer’s repair or replacement responsibility in Sections 5 and 6 of this Contract is modified by the RP, if offered on the Equipment, and South Florida Equipment Rentals shall limit the amount South Florida Equipment Rentals collects from Customer for the Equipment loss, damage or destruction to the following amounts for each piece of Equipment, per each occurrence: (a) 15% of the FMV for Lost Equipment, up to a maximum of $1000 per piece of Equipment; (b) 15% of the repair charges for incidental or accidental damage to Equipment, up to a maximum of $1000 per piece of Equipment; (c) charges in excess of $100 per tire for tire repairs; and (d) nothing for the rental charges which would otherwise accrue during the period when damaged or destroyed Equipment is being repaired or replaced by South Florida Equipment Rentals or Lost Equipment is being replaced; provided however, the foregoing RP liability reduction only applies if the Conditions (defined below) are satisfied and an Exclusion (defined below) does not apply. The RP is NOT INSURANCE and does NOT protect Customer from liability to South Florida Equipment Rentals or others arising out of possession, control or use of the Equipment, including injury or damage to persons or property. THE RP IS A CONTRACTUAL MODIFICATION OF CUSTOMER’S LIABILITY. All of the following “Conditions” must be satisfied for the RP and the corresponding liability reduction to apply: (i) Customer accepts the RP in advance of the rental; (ii) Customer pays 15% of the gross rental charges as the fee for the RP (plus applicable taxes); (iii) Customer fully complies with the terms of this Contract; (iv) Customer’s account is current at the time of the loss, theft, damage or destruction of the Equipment; and (v) none of the Exclusions apply. Customer assumes the Exclusion risks, meaning that if any Exclusion occurs, the RP does NOT reduce the liability of Customer to South Florida Equipment Rentals for the loss, theft, damage or destruction resulting from such Exclusion. “Exclusions” shall mean loss, theft, damage or destruction of the Equipment: (A) due to intentional misuse; (B) caused by Lost Equipment not reported by Customer to the police within 48 hours of discovery, and substantiated by a written police report (promptly delivered to South Florida Equipment Rentals); (C) due to floods, water level changes, wind, storms, earthquakes or Acts of God; and (D) accessories or Equipment for which Customer is not charged the RP fee. THE EXCLUSIONS REMAIN THE LIABILITY OF CUSTOMER AND ARE NOT MODIFIED BY THE RP. RP IS REFLECTED ON THIS CONTRACT AS PART OF CUSTOMER’S ESTIMATED CHARGES UNLESS CUSTOMER HAS ELECTED TO DECLINE RP IN WRITING, FAILS TO PAY THE RP FEE OR MADE OTHER CONTRACTUAL ARRANGEMENTS WITH SOUTH FLORIDA EQUIPMENT RENTALS. Notwithstanding anything to the contrary in this Contract, if Lost Equipment is later recovered, South Florida Equipment Rentals retains ownership of the Equipment regardless of any payments made by Customer or Customer’s insurance company with respect to such Equipment, all of which payments are non-refundable. Customer agrees to promptly return any Equipment that is recovered. South Florida Equipment Rentals shall be subrogated to Customer’s rights to recover against any person or entity relating to any loss, theft, damage or destruction to the Equipment. Customer shall cooperate with, assign South Florida Equipment Rentals all claims and proceeds arising from such loss, theft, damage or destruction, execute and deliver to South Florida Equipment Rentals whatever documents are required and take all other necessary steps to secure in South Florida Equipment Rentals such rights, at Customer’s expense
- RENTAL RATES. The total charges specified in this Contract are: (a) estimated based upon Customer’s representation of the estimated Rental Period identified herein (rental rates beyond the estimated Rental Period may change) and other information conveyed by the Customer to South Florida Equipment Rentals LLC (b) for the Equipment’s use for One Shift, unless otherwise noted. Weekly and 4 week rental rates shall not be prorated. Rental charges accrue during Saturdays, Sundays and holidays. The rental rates do not include and the Customer is responsible for, (i) all consumables, fees, licenses, present and future taxes and any other governmental charges based on the Customer’s possession and/or use of the Equipment, including additional fees for more than One Shift use; (ii) delivery and pickup charges to and from South Florida Equipment Rentals LLC, including but not limited to any freight, transportation, delivery, pickup and surcharge fees listed in this Contract; (iii) maintenance, repairs and replacements to the Equipment as provided herein; (iv) a cleaning fee of $250 will be required if upon pick-up the unit is not in the same condition in which it was delivered; (v) miscellaneous charges, such as fees for lost keys, costs to recover Equipment, emergency mobilization or store opening; (vi) fuel used during the Rental Period and for refueling Equipment as described below; (vii) fines for use of dyed diesel fuel in on-road Equipment;
- PAYMENT. The Customer shall pay for the rental of Equipment, sale of Equipment, materials and all other items and services identified in this Contract and all other amounts due, without any offsets, in full, in advance at the time of rental. Commercial customers who are approved for South Florida Equipment Rentals LLC extended payment terms must pay, in arrears, upon receipt from the South Florida Equipment Rentals invoice, either by cash, check, Zelle, ACH. The Customer must notify South Florida Equipment Rentals LLC in writing of any disputed amounts, including credit card charges, within 15 days after the receipt of the invoice/contract or the Customer shall be deemed to have irrevocably waived its right to dispute such amounts. At South Florida Equipment Rentals LLC discretion, any account with a delinquent balance may be placed on a cash basis, deposits may be required and the Equipment may be picked up without notice. Due to the difficulty in fixing actual damages caused by late payment, the Customer agrees that a service charge equal to the lesser of 1.5% per month or the maximum rate permitted by law shall be assessed on all delinquent accounts, until paid in full. The Customer shall reimburse South Florida Equipment Rentals LLC for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. Payment of any late charge does not excuse the Customer of any default under this Contract. The Customer shall pay a fee of $75 for each check returned for lack of sufficient funds to compensate South Florida Equipment Rentals LLC for its overhead for processing missed payment. Deposits will only be returned after all amounts are paid in full. CUSTOMER AGREES THAT IF A CREDIT OR DEBIT CARD IS PRESENTED TO PAY FOR CHARGES OR TO GUARANTEE PAYMENT, CUSTOMER AUTHORIZES SOUTH FLORIDA EQUIPMENT RENTAL LLC TO CHARGE THE CREDIT OR DEBIT CARD ALL AMOUNTS SHOWN ON THIS CONTRACT AND CHARGES SUBSEQUENTLY INCURRED BY CUSTOMER, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO THE EQUIPMENT AND EXTENSION OF THE RENTAL PERIOD. South Florida Equipment Rentals LLC may impose a surcharge of 3% for credit card payments.
- RETURN OF EQUIPMENT. South Florida Equipment Rentals LLC may terminate this Contract at any time, for any reason. The Equipment shall be returned to South Florida Equipment Rentals LLC (when needed for inspections, maintenance and at the end of the Rental Period) in the same condition it was received, less Ordinary Wear and Tear and free of any hazardous materials and contaminants. The Customer will return/surrender the Equipment at the end of the Rental Period, but will continue to be responsible for rental and other charges after the Rental Period if the Equipment is not returned in the condition required herein. If South Florida Equipment Rentals LLC delivers the Equipment to the Customer, the Customer shall notify South Florida Equipment Rentals LLC that the Equipment is ready to be picked up at the Site Address; the Customer should keep proof of the call/text; provided. The Customer remains liable for any loss, theft, damage to or destruction of the Equipment until South Florida Equipment Rentals LLC confirms that the Equipment is returned in the condition required herein. The Customer will not be charged the rental charges after the date the call/text is made, provided the Customer has otherwise complied with this Contract.
- DEFAULT. Customer shall be in default if South Florida Equipment Rentals LLC deems itself insecure or if the Customer: (a) fails to pay sums when due; (b) breaches any Section of this Contract; (c) becomes a debtor in a bankruptcy proceeding, goes into receivership, takes protection from its creditors under any insolvency legislation, ceases to carry on business, or has its assets seized by any creditor; (d) fails to insure the Equipment as required, or otherwise places the Equipment at risk; (e) fails to return Equipment immediately upon South Florida Equipment Rentals LLC demand; or (f) is in default under any other contract with South Florida Equipment Rentals LLC. If a Customer default occurs, South Florida Equipment Rentals LLC shall have, in addition to all rights and remedies at law or in equity, the right to repossess the Equipment without judicial process or prior notice. The Customer shall pay all of South Florida Equipment Rentals LLC costs, including reasonable costs of collection, court costs, attorneys and legal fees, incurred in exercising any of its rights or remedies herein. South Florida Equipment Rentals LLC shall not be liable due to seizure of Equipment by order of governmental authority. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST SOUTH FLORIDA EQUIPMENT RENTALS LLC ENTITIES FOR SUCH REPOSSESSION.
- CRIMINAL WARNING. The use of false identification to obtain Equipment or the failure to return Equipment by the end of the Rental Period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to applicable laws.
- FUEL. Is included in the rental rate.
- LIMITATION OF SOUTH FLORIDA EQUIPMENT RENTALS LLC LIABILITY. IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, CUSTOMER AGREES THAT SOUTH FLORIDA EQUIPMENT RENTALS LLC LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM SOUTH FLORIDA EQUIPMENT RENTALS LLC, SOUTH FLORIDA EQUIPMENT RENTALS LLC ENTITIES, OR ANY THIRD PARTY’S COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT.
- JURY TRIAL WAIVER. IN ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS CONTRACT, CUSTOMER AND SOUTH FLORIDA EQUIPMENT RENTALS LLC HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT.
- ARBITRATION AGREEMENT & CLASS ACTION WAIVER. AT THE ELECTION OF CUSTOMER OR SOUTH FLORIDA EQUIPMENT RENTALS LLC, ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY PERTAINING TO THIS CONTRACT SHALL BE SETTLED BY ARBITRATION BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN A PURPORTED CLASS OR REPRESENTATIVE CAPACITY, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES OR BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR TRIED ON A CLASS ACTION BASIS.
- COMPLIANCE WITH EXPORT AND IMPORT LAWS. Removal of the Equipment from the United States (“U.S.”) is prohibited under this Contract.
- COLLECTION OF DATA. The Customer consents to the collection, use and disclosure of the data and information from the tracking devices on the equipment.
- GOVERNING LAW. The Parties expressly and irrevocably agree: (a) this Contract, including any related tort claims, shall be governed by the laws of Florida, without regard to any conflicts of law principles and (b) if any Section of this Contract is prohibited by any law, such Section shall be ineffective to the extent of such prohibition without invalidating the remaining Sections.
- FORCE MAJEURE. South Florida Equipment Rentals LLC shall not be liable or responsible to the Customer, nor be deemed to have defaulted under or breached this Contract, for any failure or delay in fulfilling or performing any term of this Contract when and to the extent such failure or delay is caused by or results from acts beyond South Florida Equipment Rentals LLC control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, regulations, shutdowns, or actions; (e) embargoes or blockades in effect on or after the date of this Contract; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other events beyond the control of South Florida Equipment Rentals.
- MISCELLANEOUS. This Contract benefits solely the Parties and their respective permitted successors and assigns and nothing in this Contract, express or implied, confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Contract. The Customer’s obligations hereunder shall survive the termination of this Contract. If any term is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or invalidate or render unenforceable such term. This Contract and all of Customer’s rights in and to the Equipment are subordinate to all rights, title and interest of all persons who have rights in the Equipment. Headings are for convenience only. To the extent that any terms in this Contract conflict, the Parties agree that the more specific terms control. A copy of this Contract shall be valid as the original. Any failure by South Florida Equipment Rentals LLC to insist upon strict performance of any Section of this Contract shall not be construed as a waiver of the right to demand strict performance in the future. The Customer and the person signing this Contract agree, represent and warrant that: (a) the person executing is 18 or the legal age of majority in the state, whichever is greater and they both have full authority to execute, deliver and perform this Contract; and (b) this Contract constitutes a legal, valid and binding obligation of the Customer, enforceable in accordance with its terms. If the Parties have a fully executed, active agreement, intended to govern over conflicting terms and conditions, such agreement shall take precedence over the terms herein.
