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.
Negligence/Misuse (examples):
Covered Examples: Normal wear on moving parts, factory hose failures, cosmetic scuffs, 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, or attachment damage.
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.
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, $124/hour after, plus travel. Renter not charged for normal wear defects.
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.
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.).
Tennessee law governs. Venue lies in Hickman County or Humphreys County, TN, or the U.S. District Court for the Middle District of Tennessee.
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.
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.