RENTAL CONTRACT

This Rental Contract (“Agreement”) is made between Nelson Rentals, LLC d/b/a Swifty Rentals (“Swifty Rentals,” “Us”, “We,” “Our”) and the Customer shown above. Your acceptance of the Equipment listed above (“Equipment”) constitutes Your acknowledgement and agreement with the terms, conditions, and representations set forth herein and is sufficient consideration therefor.   

1.  CUSTOMER INFORMATION

You warrant that the information You furnish to us is accurate and complete.  We rely on such information in entering into this Agreement and the furnishing of Equipment.  You authorize Us to use the information to make decisions about renting Our Equipment, to communicate with you, and to provide to third parties for business purposes.  

2.  RENTAL TERM

Your right to possess the Equipment begins and ends on the dates/times shown above (“Rental Period”).  Rental charges commence when the Equipment leaves our premises or We deliver it, and end when the Equipment is returned to Us during business hours, you call it off, or We pick it up. Your right of possession terminates on the expiration of the Rental Period.  Your continued possession after the Rental Period, unless We agree in writing, is a material breach of this Agreement and may be immediately reported to law enforcement as theft.

For any Equipment You do not return by the end of the Rental Period, We may impose a late fee of 1.5 times the highest daily rental rate for each calendar day it is not returned.  Our right to charge You a late fee does not constitute an authorized extension of the Rental Period or Our consent to your continued possession of the Equipment.  Should We have reasonable grounds to believe You have stolen, hidden, disposed of, or transported out of Tennessee any item of Equipment, We may declare the equipment stolen and charge You the full replacement cost.

3.  RENTAL RATES

Rental rates are for normal “one-shift” usage, e.g., eight (8) hours per day, 16 hours per weekend, 40 hours per week, and 160 hours per four-week period.  We may assess additional rental charges at standard rental rates for usage that exceeds these hours.  You agree to pay all overage charges arising from Your rental.  

4.  PAYMENTS, DEPOSITS, & HOLDS

All charges are due when posted.  Any amounts not paid within thirty (30) days shall accrue a late fee of two percent (2%) per month until paid.  We may charge a three percent (3%) surcharge on credit card payments, which is not greater than Our processing costs.

If We require a deposit, You authorize Us to verify the availability of funds with Your bank, deposit Your check in Our bank, or place a temporary hold on Your credit card until all amounts due have been paid to Us.  

5.  TITLE TO EQUIPMENT; NO SUBLETTING

This Agreement is not a contract of sale, and title to the Equipment shall at all times remain with Swifty Rentals. You must not subject Our Equipment to any liens or encumbrances.  You shall not sublease Our Equipment unless We have agreed in writing.   

6.  INSURANCE

You should carry and maintain: (a) commercial auto liability insurance with at least a per occurrence limit of $2 million; (b) commercial general liability insurance (providing coverage equal to or greater than the standard ISO CG 00 01 12 04 form) with limits of at least $1 million per occurrence; and/or (c) property insurance for the full replacement cost of the Equipment, including coverage for all risks of loss or damage to the Equipment.  Any such policies shall provide that such insurance is primary and non-contributory to any other insurance We maintain.  You shall name Nelson Rentals, LLC dba Swifty Rentals as an additional insured for Equipment We rent to You, and, if applicable, as an additional loss payee for property insurance. 

The amount of insurance available to Us shall be for the full amount of the loss up to policy limits of liability and shall not be limited to the minimum requirements of this Agreement. In the event any policy provided pursuant to this Agreement states that the insurance afforded to an additional insured will not be broader than that required by contract, or words of similar meaning, Nothing in this Agreement is intended to limit the breadth of such insurance.  Any deductibles or self-insured retentions shall be Your sole responsibility. 

All insurance contemplated herein shall include a waiver of rights of recovery against Nelson Rentals, LLC dba Swifty Rentals or its insurers by You and Your insurers, as well as a waiver of subrogation against Nelson Rentals, LLC dba Swifty Rentals or its insurers. No “Other Insurance” provisions shall apply to Us or Our insurers by virtue of being named as an additional insured and/or loss payee under Your policy.  Our insurance policies shall be considered excess over all of Your policies.  Your obligations to indemnify and hold Us harmless under this Agreement are in addition to the insurance coverages required herein.

Our election not to require proof of such policies shall not operate to be a waiver of Your default (if it is later determined that You failed to comply with Your obligations to maintain such coverages). 

7.  PRE-RENTAL INSPECTION

You agree to inspect the Equipment prior to taking possession to ensure its satisfactory working condition and familiarize yourself with its safety systems. You must notify Us immediately if Your inspection reveals any concern, question, or defect.  

For all towable Equipment, You shall inspect all hitches, couplers, safety chains, pins, and wiring to ensure compatibility with and the safe operation of the towing vehicle and the Equipment.  You are solely responsible for connecting and securing the Equipment to the tow vehicle/trailer, as well as complying with all applicable traffic laws.  We shall not be liable for any damage caused to the towing vehicle, Your property, or to any third person arising from or related to Your loading, securement, or transportation of the Equipment.   

8.  USE & OPERATION OF EQUIPMENT

There is NO SMOKING in any cabbed Equipment, even with doors or windows open.  You will be charged a $350 cleaning fee if you smoke in our Equipment.

You shall not modify, affix to, or otherwise change the Equipment from its original state.  You must utilize all safety devices, guards, and recommended personal protective equipment (PPE).  You must perform inspections and maintenance at recommended intervals, including checking fluids, oil, grease/lubrication, filters, and tires/tracks.  You must exercise reasonable care to prevent damage, theft, or the unauthorized use of the Equipment when not in Your use.. 

Should the Equipment be involved in an accident or malfunction, You must immediately stop using the Equipment and notify Us.  If such condition is the result of normal operation, Your remedy for any Equipment failure or defect shall be the termination of rental charges accruing after the time of failure. 

9.  ORDINARY WEAR & TEAR

Ordinary wear and tear refers to the normal deterioration of Equipment when used as intended, within its rated capacity, with maintenance performed at recommended intervals, and with the exercise of reasonable care.  Damage or deterioration caused by or consisting of any of the following nonexhaustive occurrences shall not be deemed ordinary wear and tear:  (1) the lack or insufficient quantity of fluids or lubrication, to also include the use of different fluids or lubrication than the type specified by the manufacturer; (2) failure to grease or lubricate components; (3) collision with any object; (4) overturning, overloading, or exceeding the rated capacity; (5) dents, holes, punctures, perforations, tearing, staining, warping, bending, misalignment, corrosion, or discoloration of any part of the Equipment; (6) water, rain, wind, hail, ice, fire, freezing, or any weather-related event; (7) breakage, loss, or misalignment of any glass, fiberglass, metal, plastic, or composite panels, doors, hatches, or covers; (8) excessive wear caused by the insufficient removal of sand, mud, concrete, rocks, or similar types of matter; and (9) damage to rubber tires or tracks beyond ordinary deterioration to be expected during the Rental Period. 

10.   DAMAGE WAIVER

If You pay for the Limited Damage Waiver (“LDW”), We agree to modify this Agreement and relieve you of certain liability for accidental physical damage to the Equipment, up to $1,500. The LDW is not insurance; it is a contract between Us and You, and limitations and exclusions apply.  The LDW only applies to damage to non-structural and non-critical components (e.g., broken light, paint scratch, and the like), and shall only apply provided: (1) you are in full compliance with this Agreement; (2) you took reasonable precautions against such damage; (3) You notify Us of the damage no later than the end of the Rental Period; and (4) if necessary, you file a police report documenting damages caused by third parties.  

Even if the LDW is purchased, You remain fully liable for damage resulting from intentional, reckless, or abusive conduct; overloading or exceeding the rated capacity of the Equipment; or  the failure to check, add, or lubricate the Equipment’s components.  The LDW does not waive your liability for: (1) damage to tires, trailer doors, trailer ramps, rubber tracks, glass, or cab enclosures; (2) loss or damage to tools, accessories, attachments, hoses (including hydraulic hoses and fittings), cables, or other items not permanently attached to the equipment; (3) theft, unless You immediately file a police report and reasonably assist in attempting to retrieve the Equipment; (4) damage, loss, or alteration of GPS/telematics devices; or (5) securement or transportation of the Equipment.

11.  RETURN OF EQUIPMENT

You must return the Equipment in the same condition as when You took possession, ordinary wear and tear excepted.  The optional prepaid cleaning fee allows you to return Equipment in a “reasonably unclean” condition, which is defined as requiring no more than 30 minutes of cleaning time and consisting only of dirt, dust, minimal rocks, and the like.  Oil, excessive grease, concrete, asphalt, mortar, and paint, without limitation, are not covered by the prepaid cleaning fee and will result in a minimum cleaning fee of $145 for the first hour of cleaning plus $125 each successive hour .  

Equipment returned excessively dirty or odorous may incur additional rental charges if We cannot reasonably restore the Equipment to a rentable condition prior to the next rental period.  You authorize Us to charge any method of payment We have on file for all such cleaning and additional rental charges.

You must return Equipment with a full tank of fuel (fresh and of the recommended quality). You will be charged a refueling fee (measured at Our actual cost plus 85%) for each item not refueled.  

Final charges for all rentals are determined after the Equipment is returned and inspected by Us, which may require up to 48 hours after the Equipment is returned. You expressly authorize Us to retain any or all of Your deposit and/or to charge any payment method We have on file for charges assessed as a result of Our inspection. 

If the Equipment is returned damaged, You agree to pay the reasonable cost of repair, as well as the daily rental rate of the Equipment until the item is deemed “ready to rent.”  We have no obligation to begin repairing the Equipment until You have paid the estimated cost thereof.  You expressly authorize us to charge any payment method We have on file for all such costs.

13.  DATA COLLECTION

We may utilize GPS, cellular, and telematics tracking devices on Our Equipment and may use such data as We deem necessary.  You must not remove, disable, tamper, or interefere with any such device.  

14.  HOLD HARMLESS/INDEMNITY

You assume full liability for all damages and injuries arising from, during, involving, or caused by the use of the Equipment, including its loading/unloading, securement, and transportation..  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NELSON RENTALS, LLC DBA SWIFTY RENTALS, AND ALL OF ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, SUITS, JUDGMENTS, LIENS, LEVIES, AND CAUSES OF ACTION, OF EVERY TYPE AND CHARACTER. YOUR DUTY TO INDEMNIFY US WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THIS AGREEMENT’S TERMINATION.  Swifty Rentals shall not be liable to You or any other party for: (a) Our failure or delay in making the Equipment available to You; (b) incidental or consequential damages; or (c) fines or penalties..

15.  WARRANTY AND DISCLAIMER

WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO ITS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT IT IS FREE FROM DEFECT.   

16.  NO WAIVER

Our failure to insist on Your strict performance of this Agreement shall not waive Our right to demand strict compliance at any other time or with respect to any and each provision.

17.  VENUE, GOVERNING LAW, & JURY TRIAL

This Agreement shall be governed by the laws of Tennessee.  All legal proceedings between the parties shall be commenced in the state or federal courts located in or having jurisdiction in Roane County, Tennessee.  THE PARTIES WAIVE TRIAL BY JURY.

18.  DEFAULT, REMEDIES, & COLLECTIONS

Time is of the essence with respect to Your performance under this Agreement. 

Our remedies are cumulative.  Upon Our determination of Your default, We may, in addition to all other remedies, enter the premises where the Equipment is located and take possession thereof or render it inoperable, with or without legal process.  Should We seek equitable relief against You, We may do so without posting a bond or other security.  

You agree to pay all costs and expenses We incur in exercising Our rights hereunder, including but not limited to (a) locating and taking possession of the Equipment; (b) seeking to collect the amounts owed to Us; and (d) reasonable attorney’s fees and costs, to include expert witness fees, discretionary costs, as well as fees incurred in any bankruptcy proceeding and/or on appeal.   

19.  INCORPORATION OF OTHER DOCUMENTS

All documents pertaining to Your rental, including but not limited to inspection checklists, inspection photographs, operators manuals, and such similar documents, are incorporated into this Agreement by reference.  

20.  SEVERABILITY

Should a court find any provision of this Agreement to be unenforceable, You and We request the court to re-word, restructure, or otherwise interpret such offending provision(s) as to make it enforceable while preserving as much of the original as possible.  If a provision is still unenforceable in any respect, it shall be removed without affecting the enforceability of the remainder of this Agreement.  No other amendment of this Agreement will be effective unless signed in writing by both parties.

21.  AGENCY

By signing below, You warrant that You are the Customer or have lawful authority to sign this Agreement on behalf of the Customer. 

22.  MISCELLANEOUS

The termination or expiration of the Rental Period shall not release You from any outstanding obligations You have hereunder.  In the event of theft or damage caused by third parties, You agree to cooperate with Our efforts to recover the Equipment and/or to pursue legal damages against the third parties, notwithstanding the expiration of Your Rental Period. 

Execution of this Agreement may be accomplished via electronic signature, which shall have the same legally binding effect as handwritten signatures.  This provision is intended to comply with the federal E-SIGN Act and applicable Tennessee law.