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JORDAN EQUIPMENT
Rental Terms and Conditions

  1. Definitions  “Equipment” means any one or more of the items identified as such on the first page of this agreement and shall include any accessories, attachments or other similar items delivered to Customer, such as but not limited to, air hoses, electric cords, blades, fuel tanks, nozzles and other similar items.  “Customer” means the person or entity identified as such on the first page of this agreement, including any representative, agent, officer or employee.
  2. Authority to Sign  Any individual signing this contract represents and warrants that he or she is of legal age and has the authority and power to sign this rental agreement for the Customer.
  3. Disclaimer of Warranties  JORDAN EQUIPMENT  makes no warranties, express or implied, that the equipment is suited for customer’s intended use or that it is free from defects except as may be specifically set forth in this rental agreement.  JORDAN EQUIPMENT disclaims all other warranties, either express or implied, made in connection with this rental transaction.
  4. Indemnity/Hold Harmless/Damages Customer acknowledges and assumes all risks inherent in the operation and use of the equipment by the customer, and will take all necessary precaution to protect all persons and property from injury or damage while in possession of the equipment.  JORDAN EQUIPMENT shall not be responsible to customer or any other party for any loss damage or injury (including any loss of profits, business interruption or other special or consequential damage) caused by, resulting from, or in any way connected with the equipment, its operation or use, or any defect with respect thereto.  Customer agrees to defend, indemnify and hold JORDAN EQUIPMENT harmless from and against any and all liability, claims and damages of any kind (including attorney’s fees) or injuries or death to persons and damage to property arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the equipment however caused.
  5. Receipt & Inspection of equipment  Customer acknowledges that customer has inspected equipment prior to taking possession thereof, finds it in good working order and repair and suitable for customer’s needs.  Customer is familiar with the proper operation and use of each item of equipment.  JORDAN EQUIPMENT is not responsible for any damage to customer’s towing vehicle caused by detachable hitches or mirrors.
  6. Use of equipment  Customer will not use or allow anyone to use the equipment (a) for any illegal purpose or in an illegal manner, (b) without a license, if required under any applicable laws or (c) who is not qualified to operate it.  Customer agrees to operate equipment abiding all regulations including OSHA which may apply to the use of specified equipment.  Customer agrees to check filters, oil, fluid levels, tire pressure, clean and visually inspect the equipment daily to immediately notify JORDAN EQUIPMENT when equipment needs repair or maintenance.  Customer acknowledges that JORDAN EQUIPMENT has no responsibility to inspect the equipment while it is in the customer’s possession.
  7. Malfunctioning Equipment  Should the equipment become unsafe, malfunction or require repair, customer should immediately cease using such equipment and notify JORDAN EQUIPMENT.  If such condition is the result of normal operation, JORDAN EQUIPMENT will repair or replace with similar equipment if available.   JORDAN EQUIPMENT has no obligation to 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.  The equipment must be returned to JORDAN EQUIPMENT in order to terminate rental charges.
  8. Return of equipment damaged & lost equipment  At the expiration of the term, the customer will return the equipment to JORDAN EQUIPMENT during regular business hours, such equipment to be in the condition and repair as when delivered to customer, subject to reasonable wear and tear, as defined below.  Customer shall be liable for all damages to or loss of the equipment, including any damage during transit to or from customer.  In the case, of the loss or destruction of any equipment or inability or failure to return same to JORDAN EQUIPMENT for any reason whatsoever.  Customer will pay JORDAN EQUIPMENT the full replacement list value together with the full rental rate as specified until such equipment is replaced.  If JORDAN EQUIPMENT has agreed to deliver the equipment to customer or to pick up the equipment from customer, customer shall be responsible for all loss or damage to the equipment from the time of delivery to customer until picked up by JORDAN EQUIPMENT.  If the equipment is returned in a damaged or excessively worn condition, customer shall pay JORDAN EQUIPMENT the reasonable cost of repair and pay rental on the equipment at the regular rental rate until all repairs have been completed.  JORDAN EQUIPMENT shall be under no obligation to commence repair work until customer has paid the estimated cost thereof.
  9. 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 (8 hrs per day, 40 hrs per week) basis.  The following shall not be deemed reasonable wear and tear; (a) damage resulting from lack of lubrication or maintenance of necessary oil, water and air pressure levels; (b) except where JORDAN EQUIPMENT expressly assumes the obligation to service or maintain the equipment, any damage resulting from lack of servicing or preventive maintenance suggested in the manufacturer’s operation manual; (c) damage resulting from any collision, overturning or improper operation, including overloading or exceeding the rated capacity of the equipment; (d) damage in the nature of dents, bending, tearing and misaligning of the equipment or any part thereof; (e) wear resulting from use in excess of shifts for which rented; and (f)any other damage to the equipment which is not considered ordinary and reasonable in the equipment rental industry.  Repairs to the equipment shall be made to the reasonable satisfaction of JORDAN EQUIPMENT and in a manner which will not adversely affect the operation, manufacturer’s design or value of the equipment.
  10. Late Return  If not timely returned, in addition to the rental rates set forth in this agreement, customer agrees to pay an additional charge of 1/8th of the daily rate for each hour the equipment is retained beyond the expiration of the rental period.
  11. Rental period & Calculation of charges  Rental charges commence when the equipment leaves JORDAN EQUIPMENT location and end when the equipment is returned thereto.  Rental charges accrue during Saturdays, Sundays and holidays.  Rental rates are for normal usage based on an 8-hr day, 40-hr week and 160-hr month.  On power equipment, operations in excess of one shift will be at JORDAN EQUIPMENT’s standard premium rates.
  12. Deposit  In addition to securing the payment of rental charges hereunder, customer agrees that any rental deposit shall be deemed to be a guaranty by customer of the full and complete performance of each and all the terms, and in the event of any breach by customer said deposit shall be credited against any damages or expense incurred by JORDAN EQUIPMENT as a result of such breach.
  13. Tire/tube repair or replacement  Repair or replacement of tires and tubes is the responsibility of the customer and is not included in the rental rate.
  14. Default  Should customer in any way fail to keep any provision of the rental agreement, JORDAN EQUIPMENT may do any of the following; (a) terminate this agreement, (b) declare the entire rent immediately due and payable and commence legal action thereof, (c) retake possession of equipment, holding the customer liable for all rental and other charges, or (d) pursue any other remedies available by law.
  15. Repossession of equipment  In the event of any actual or anticipatory breach by customer, JORDAN EQUIPMEN Temployees or agents may without notice or legal process, go upon customer’s property and take all action reasonably necessary to repossess the equipment.  Customer waives all claims for damages and losses caused thereby, and shall pay all costs and expense incurred by JORDAN EQUIPMENT in retaking the equipment.
  16. Customer’s Insurance Coverage  Customer agrees to maintain at its sole cost, adequate liability, physical damage, public property damage and casualty insurance for the full replacement cost of the equipment, including all risks of loss or damage covered by the standard extended coverage endorsement to cover any damage or liability arising from the handling, transportation, maintenance, operation or use of the equipment during the entire rental period.
  17. Entire Agreement  This written agreement represents the entire agreement between the customer and JORDAN EQUIPMENT.  There is no oral or other representations not included herein.
  18. Other Provisions  Any failure of JORDAN EQUIPMENT to insist upon strict performance by customer of any terms and conditions of this agreement shall not be construed as a waiver of JORDAN EQUIPMENT right to demand strict compliance.  Customer has carefully reviewed this agreement and waives any principle of law which would construe any provision hereof against JORDAN EQUIPMENT as the draftsperson of this agreement.  Customer agrees to pay all reasonable costs of collection, court attorneys’ fees and other expenses incurred by JORDAN EQUIPMENT in the collection of any charges due under this rental agreement or in connection with the enforcement of its terms.

The federal and state courts in Gonzales County shall have exclusive jurisdiction over all matters relating to the agreement.  Trial by jury is waived.  Service of process may be effected by certified mail, return receipt requested. 
Rental equipment is provided clean and with a full fuel tank and should be returned the same.  A refuel service fee and/or wash fee will be charged upon return if these conditions are not met.  Criminal Warning:  The use of false identification to obtain equipment or the failure to return the equipment by the date due may be considered a theft subject to criminal prosecution pursuant to applicable criminal or penal code provisions.