Parties. This Rental Contract (“Agreement”) is between Trip H Sales And Rentals (“Owner”), 3434 Albert Pike Rd. Hot Springs, AR. 71913, and Renter (“Renter”). This Agreement is effective upon the Renter’s signature or electronic acceptance.
Schedule A (the “Rental Order”). The parties’ rental order—paper or electronic—is incorporated into and forms part of this Agreement. Schedule A lists, at minimum: (i) the Equipment and any attachments (with serial/VIN where applicable); (ii) the Rental Period and calendar window; (iii) rates by period and applicable taxes; (iv) one-time fees (e.g., Delivery/Pickup, Prepaid Fuel) (v) hour limits and included machine hours; (vi) delivery and pickup locations; (vii) insurance/Damage Waiver selections and Thrown Track Insurance (one service call per rent) (TTI) election; (viii) Owner-provided accessories issued to Renter (e.g., hitches, straps, binders); and (ix) customer identity and authorized payment method. If the Rental Order is electronic, its order number and timestamp identify Schedule A.
Owner rents to Renter, and Renter rents from Owner, the construction equipment and/or trailer described in Schedule A (the Rental Order) (“Equipment”), including any listed attachments and accessories.
The Rental Period begins on [START DATE] and ends on [END DATE] as shown on Schedule A. Renter shall promptly return the Equipment on the end date unless Owner agrees otherwise in writing. Early return does not shorten or refund the Rental Period because the item is removed from availability during that time.
Renter shall keep the Equipment in good condition and promptly notify Owner of needed repairs. Renter may not repair/modify Equipment without Owner’s prior written consent. Owner is responsible for repairs from normal wear and tear. The following are not normal wear and tear (examples, not exhaustive):
Failing to maintain the equipment in good condition voids the Damage Waiver (see Section 7).
Renter must use Equipment only for its intended purpose and per the manufacturer’s instructions (manuals/videos). Renter must understand soil/site conditions and choose appropriate equipment/operation.
Authorized Operators: Only Renter and individuals authorized by Renter who are competent, trained, properly licensed, and legally permitted to operate the Equipment may operate the Equipment. Renter remains fully responsible for all acts, omissions, negligence, damages, injuries, losses, fines, penalties, and claims arising from operation of the Equipment by any person during the Rental Period.
Negligence/Misuse (examples):
Customer acknowledges that falls from elevated work platforms can result in serious injury or death. Customer agrees that all operators and occupants of any boom lift, aerial lift, towable boom lift, self-propelled boom lift, or other equipment requiring fall protection shall wear a properly fitted full-body safety harness and approved fall arrest lanyard attached to the manufacturer's designated anchor point at all times while occupying or operating the Equipment.
Customer further acknowledges and agrees that:
Customer assumes all risks associated with the failure to provide, wear, inspect, or properly utilize fall protection equipment and agrees to defend, indemnify, and hold harmless Trip H Rentals LLC, its owners, employees, agents, and representatives from any claims, damages, injuries, deaths, losses, fines, penalties, costs, expenses, or attorney fees arising from or related to the Customer's failure to comply with these requirements.
Tire Protection Coverage ("TPC") – Optional Coverage
If purchased and listed on the Rental Order, Tire Protection Coverage ("TPC") provides limited protection for one (1) damaged tire during the Rental Period, subject to the terms, conditions, and exclusions set forth herein.
TPC is not insurance and does not eliminate the Renter's responsibility for the proper care, operation, and inspection of the Equipment.
Subject to the exclusions below, TPC covers the repair or replacement cost of one (1) tire damaged during normal operation of the rented Equipment during a single rental period.
Coverage is limited to the actual repair or replacement of one damaged tire and does not include any additional losses, expenses, or damages.
TPC does not cover:
Due to the significantly increased risk of punctures, cuts, sidewall damage, debris-related failures, and other tire damage commonly associated with waste disposal facilities, Tire Protection Coverage is automatically void for any tire damage occurring while Equipment or trailers are being used at, entering, exiting, or transporting materials to or from a dump, landfill, transfer station, recycling center, scrap yard, or similar facility.
Any tire damage occurring under such circumstances shall be the sole responsibility of the Renter.
Trip H Rentals shall have the sole authority to determine:
Coverage applies only if the damaged tire is promptly reported to Trip H Rentals and the Equipment is not operated after the damage is discovered.
Covered Examples: Normal wear on moving parts, factory hose failures, Minor cosmetic scuffs that does not remove paint, minor seal or O-ring leaks, fasteners that loosen from vibration, etc.
Not Covered: Negligence, abuse, impact, water intrusion, overloading, thrown tracks, glass/lights damage, Cab or body damages or attachment damage, tighting of tracks or chains.
Thrown Track Insurance (TTI): If elected and paid, Owner provides one on-site reinstallation per rental period within 20 miles, including 2 hours of labor. Additional trips/labor are billed. TTI does not cover repeated events, parts, or damage from continued operation while de-tracked.
Renter is responsible for proper rigging and transport using rated equipment. Chains, binders, and straps are available for rent/purchase. Renter must use properly rated truck/trailer combinations during transport. All towing vehicles shall, at all times during the Rental Period, comply with all applicable federal, state, and local laws, regulations, and safety requirements, including but not limited to all current Arkansas motor vehicle laws, registration requirements, insurance requirements, driver's license requirements, weight restrictions, towing regulations, lighting requirements, brake requirements, and equipment safety standards.
Renter is responsible for all damages, loss, theft, parts, labor, transport, specialized equipment, third-party services, legal/collection costs, and lost rental revenue until repair or replacement.
Field Service Calls (damage-related): $297 for first 2 hours, $125/hour after, plus travel. Renter will not be charged for normal wear defects.
Unauthorized Adjustments, Repairs, and Modifications
Renter acknowledges that the Equipment rented from Trip H Rentals may include, without limitation, excavators, mini excavators, skid steers, compact track loaders, tractors, trenchers, stump grinders, aerial lifts, man lifts, trailers, attachments, hydraulic equipment, generators, power equipment, and other machinery requiring specialized operation, adjustment, maintenance, and repair.
Renter shall not, without the prior written consent of Trip H Rentals, loosen, tighten, adjust, modify, repair, alter, remove, disconnect, bypass, disable, or otherwise tamper with any component, system, attachment, accessory, safety device, or operating mechanism of any Equipment, including but not limited to:
If any Equipment becomes damaged, malfunctions, operates abnormally, displays a warning light, experiences loss of power, develops unusual noise, vibration, leakage, overheating, tracking issues, hydraulic issues, electrical issues, fuel-related issues, or otherwise appears to require service, repair, or adjustment, Renter shall immediately cease operation of the Equipment and promptly notify Trip H Rentals. Renter should not work on equipment during their rental period unless the customer calls the office and gets approval.
Renter shall not continue operating any Equipment after discovering or reasonably suspecting a mechanical issue, safety concern, warning indicator, operating defect, or abnormal condition. Continued operation after such condition is observed shall constitute negligence, misuse, and a material breach of this Agreement.
Any damage, mechanical failure, excessive wear, component failure, or consequential damage resulting from unauthorized repairs, modifications, adjustments, tampering, continued operation after a malfunction, failure to report a problem, or failure to follow the instructions of Trip H Rentals shall be the sole responsibility of the Renter and shall not be covered by any Damage Waiver, Thrown Track Insurance, Customer's insurance, or similar protection program offered by Trip H.
Renter shall be liable for all resulting losses, damages, and expenses incurred by Trip H Rentals, including but not limited to:
Trip H Rentals shall have the sole authority to determine the existence and extent of any damage, the appropriate repair method, whether replacement of components or Equipment is necessary, and the amount of damages owed by the Renter.
Rental charges accrue during the Rental Period regardless of weather conditions. Rain, snow, wind, flooding, drought, excessive heat, site conditions, or other environmental factors shall not entitle Renter to a refund, credit, extension, or reduction in rental charges.
Calendar Day Limits: Daily 8AM–8AM next day; Weekend Fri 3PM–Mon 8AM; Weekly 8AM–8AM same weekday next week; Monthly 8AM–8AM
Hourly Limits: Daily 8 hrs; Weekend 10 hrs; Weekly 40 hrs; Monthly 160 hrs.
Overages automatically add another rental period. Extensions must be requested and paid before expiration.
Late Returns: Will be billed at additional day of rental until the machine is returned. Equipment not returned by the agreed return date and time shall continue to accrue rental charges at the applicable rental rate until Equipment is physically returned, inspected, and checked in by Trip H.
13. Fuel, Cleaning, and Return Condition
Equipment shall be returned in the same condition as received, ordinary wear and tear excepted. Equipment must be returned clean, free of excessive mud, concrete, asphalt, paint, debris, vegetation, or other contaminants and with fuel and DEF levels equal to those provided at the commencement of the Rental Period.
If Equipment is not returned clean, refueled, and ready for the next customer, Trip H may charge cleaning fees beginning at $125.00 plus labor, materials, transportation, disposal fees, administrative fees, and downtime.
Equipment returned after hours remains the responsibility of the Renter until Trip H completes an in-person inspection and formally checks in the Equipment.
The use of incorrect fuel, contaminated fuel, gasoline in diesel-powered Equipment, diesel fuel in gasoline-powered Equipment, improper Diesel Exhaust Fluid (DEF), DEF contamination, water contamination, or operation after a fuel-related warning constitutes negligence under this Agreement.
Renter shall be responsible for all resulting repairs, diagnostics, labor, transportation, towing, replacement parts, service calls, downtime, and lost rental revenue. Customer understands that there will be a minimum of $1,000.00 charge added for these services.
Renter shall indemnify, defend, and hold harmless Owner and its agents/employees from all claims, damages, liabilities, and expenses arising from Renter’s use of the Equipment, except for Owner’s gross negligence or willful misconduct.
Either party may terminate long-term rentals with 10 days’ notice. Unpaid rentals may terminate immediately. Upon termination, Equipment must be returned immediately.
Neither party is liable for delay caused by events beyond reasonable control (acts of God, labor disputes, government orders, etc.).
Notices must be in writing and delivered by hand, courier, certified mail, text, or confirmed email to the addresses on Schedule A.
Conflicts between this Agreement and Schedule A: (a) commercial terms on Schedule A control those matters; (b) this Agreement controls legal matters not covered on Schedule A.
This Agreement is the entire understanding and supersedes prior discussions. Amendments must be in writing and signed by both parties. Renter may not assign without written consent.
21. Out-of-Garland County Service and Transportation Responsibility
Equipment rented from Trip H Sales and Rentals is intended for use within Garland County, Arkansas, unless otherwise approved by Owner. If Renter transports or uses the Equipment outside of Garland County and the Equipment requires service, repair, inspection, recovery, or maintenance for any reason, Renter shall be responsible for returning the Equipment to Trip H Sales and Rentals at Renter's sole expense.
If Renter is unable or unwilling to return the Equipment, Trip H Sales and Rentals may, at its sole discretion, dispatch personnel to the Equipment's location. In such event, Renter agrees to pay all associated costs, including but not limited to:
These charges shall be due regardless of whether the repair is determined to be the result of normal operation, operator error, misuse, neglect, or damage caused by the Renter.
Nothing in this provision shall be construed as requiring Trip H Rentals to provide field service outside Garland County. The decision to provide off-site service shall remain solely at the discretion of Trip H Rentals.
22. After-Hours Pickup and No-Show Fee
Rental rates and reservations are based upon Equipment being picked up during Trip H's normal business hours. If Renter pays for or reserves Equipment and fails to pick up the Equipment during normal business hours as agreed, Trip H Rentals reserves the right to assess an Emergency After-Hours Service Fee of One Hundred Twenty-Five Dollars ($125.00), plus fees and any applicable labor, travel, loading, delivery, standby, or administrative fees incurred by Trip H.
If Renter requests that Equipment be released, loaded, delivered, or made available outside normal business hours due to Renter's failure to arrive during business hours, such service shall be provided solely at the discretion of Trip H Rentals and may be subject to additional charges.
The Emergency After-Hours Service Fee and any related charges shall be immediately due and payable and may be charged to any credit card or payment method maintained on file by Owner. All rental payments are non-refundable once Equipment has been reserved, dispatched, delivered, picked up, or otherwise removed from availability. No refunds shall be issued for early returns, weather conditions, project delays, inability to use Equipment, lack of operator experience, changes in project scope, equipment no longer needed, or other circumstances beyond Owner's control.
Trip H may, at its sole discretion, issue rental credits in lieu of refunds.
23. Tracking
Renter acknowledges that Equipment may contain GPS tracking devices, telematics systems, location monitoring equipment, hour meters, theft recovery devices, and other electronic monitoring systems. Renter shall not disable, remove, tamper with, obstruct, disconnect, shield, or otherwise interfere with any such device.
Any tampering shall constitute a material breach of this Agreement and may result in immediate termination of the rental, repossession of Equipment, additional charges, and legal action.
If any provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver. This Agreement may be executed electronically and in counterparts.
By signing, Renter acknowledges and accepts full financial responsibility, including damages, administrative time, legal/collection costs, parts, transportation, and foregone rental revenue.