TERMS & CONDITIONS

1. PAYMENT TERMS

The total lease payment, based on the trailer rental rate, is due and payable at the time of rental. 3% additional charge for credit card payments. Charges will be computed from the rental start date until the equipment is returned. Equipment shall be returned on the last day of lease.

2. NON-SUFFICIENT FUNDS

The Lessee shall be charged $100.00 for each check that is returned to the Lessor for lack of sufficient funds.

3. SECURITY DEPOSIT

In addition to the lease payment charge, the Lessee shall pay a security deposit of $250.00 at the time that the Lease is signed. Any amounts refundable to the Lessee shall be paid at the time the Lease is terminated, subject to the option of the Lessor to apply it against Lease charges and damages. The security deposit shall not bear interest.

4. LEASE TERM.

The Lease shall begin on the effective date and shall terminate when the equipment is returned, unless otherwise terminated in a manner consistent with the terms of the Lease.

5. CARE AND OPERATION OF EQUIPMENT

The equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any. Lessee is responsible for ensuring trailer is properly attached to the towing vehicle and all lights are working properly prior to moving trailer.

6. MAINTENANCE AND REPAIR

The Lessee shall maintain, at the Lessee's cost, the equipment in good repair and operating condition, allowing for reasonable wear and tear. Such costs shall include labor, material, parts, and similar items. Any damage to the trailer will be at the Lessee expense.

7. LESSOR'S RIGHT OF INSPECTION

The Lessor shall have the right to inspect the equipment during Lessee's normal business hours.

8. RETURN OF EQUIPMENT

At the end of the Lease term, the Lessee shall be obligated to return the equipment to the Lessor at the Lessee's expense.

9. OPTION TO RENEW

If the Lessee is not in default upon the expiration of the lease, the Lessee shall have the option to renew the Lease for a similar term on such terms as the parties may agree at the time of such renewal.

10. ACCEPTANCE OF EQUIPMENT

The Lessee shall inspect each item of equipment delivered pursuant to the Lease. The Lessee shall immediately notify the Lessor of any discrepancies between such item of equipment and the description of the equipment in the Equipment Schedule. If the Lessee fails to provide such notice before accepting delivery of the equipment, the Lessee will be conclusively presumed to have accepted the equipment as specified in the Equipment Schedule.

11. OWNERSHIP AND STATUS OF EQUIPMENT

The equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. The Lessor shall be deemed to have retained title to the equipment at all times, unless the Lessor transfers the title by sale. The Lessee shall immediately advise the Lessor regarding any notice of any claim, levy, lien, or legal process issued against the equipment.

12. RISK OF LOSS OR DAMAGE

The Lessee assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to the Lessor in the condition received from the Lessor, with the exception of normal wear and tear, unless otherwise provided in the Lease.

13. INDEMNITY OF LESSOR FOR LOSS OR DAMAGES

Unless otherwise provided in the Lease, if the equipment is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, or replace the equipment with like equipment in good repair, which equipment shall become the property of the Lessor and subject to the Lease.

14. LIABILITY AND INDEMNITY

Liability for injury, disability, and death of workers and other persons caused by operating, handling, or transporting the equipment during the term of the Lease is the obligation of the Lessee, and the Lessee shall indemnify and hold the Lessor harmless from and against all such liability. Lessee shall maintain liability insurance of at least $25,000.00.

15. CASUALTY INSURANCE

The Lessee shall insure the equipment in an amount sufficient to cover the replacement cost of the equipment.

16. DEFAULT

The occurrence of any of the following shall constitute a default under the Lease:

A. The failure to make a required payment under the Lease when due.

B. The violation of any other provision or requirement that is not corrected within 1 day(s) after written notice of the violation is given.

C. The insolvency or bankruptcy of the Lessee.

D. The subjection of any of Lessee's property to any levy, seizure, assignment, application or sale for or by any creditor or government agency.

17. RIGHTS ON DEFAULT

In addition to any other rights afforded the Lessor by law, if the Lessee is in default under the Lease, without notice to or demand on the Lessee, the Lessor may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Lessee responsible for any deficiency. The rights and remedies of the Lessor provided by law and the Agreement shall be cumulative in nature. The Lessor shall be obligated to re-lease the equipment, or otherwise mitigate the damages from the default, only as required by law.

18. NOTICE

All notices required or permitted under the Lease shall be deemed delivered when delivered in person or by mail, postage prepaid, addressed to the appropriate party at the address shown for that party at the beginning of the Lease.

19. ASSIGNMENT

The Lessee shall not assign or sublet any interest in the Lease or the equipment or permit the equipment to be used by anyone other than the Lessee or Lessee's employees, without Lessor's prior written consent.

20. ENTIRE AGREEMENT AND MODIFICATION

The Lease constitutes the entire agreement between the parties. No modification or amendment of the Lease shall be effective unless in writing and signed by both parties. The Lease replaces any and all prior agreements between the parties.

21. GOVERNING LAW

The Lease shall be construed in accordance with the laws of the State of Florida.

22. SEVERABILITY

If any portion of the Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of the Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

23. WAIVER

The failure of either party to enforce any provision of the Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of the Lease.

24. CERTIFICATION

Lessee certifies that the application, statements, trade references, and financial reports submitted to Lessor are true and correct and any material misrepresentation will constitute a default under the Lease.

25. DISPUTE RESOLUTION

The parties will attempt to resolve any dispute arising out of or relating to the Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to the Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

Contact Us

If you have any questions about these Terms & Conditions, please contact us at:

Florida Trailer Rentals

Email: [email protected]