Parties. This Rental Agreement (“Agreement”) is between Development 360, Inc., d/b/a Rent ’n King (“Owner”), 10296 Highway 46, Bon Aqua, TN 37025, 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), cleaning fees, and any Security Deposit; (v) hour limits and included machine hours; (vi) delivery and pickup locations; (vii) insurance, Damage Waiver Protection (DW) selection, Thrown Track Coverage (TTC) election, and Tire Damage Coverage (TDC) 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 and ends as shown on Schedule A. Renter shall promptly return the Equipment on the end date unless Owner agrees otherwise in writing. Early returns and rescheduling are handled as described in Section 14.
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 Damage Waiver Protection (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):
Job Site Suitability. Owner’s responsibility is limited to providing Equipment that is operational and in normal working condition. Owner does not inspect, evaluate, supervise, or warrant the suitability of the Renter’s job site, project conditions, soil conditions, terrain, slopes, grades, clearances, access routes, underground conditions, overhead hazards, utilities, weather conditions, load-bearing capacity, or any other site-specific condition.
Renter is solely responsible for determining whether the Equipment is appropriate for the intended application and whether the job site can be safely and effectively operated with the Equipment selected.
Equipment that cannot be used because of job site conditions, operator limitations, environmental conditions, project requirements, or improper equipment selection shall not be considered defective or unavailable, and shall not entitle the Renter to refunds, credits, exchanges, or cancellation, except as provided in Section 14 or as otherwise agreed in writing by Owner.
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY TENNESSEE LAW, OWNER SHALL NOT BE LIABLE TO RENTER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OR CONTRACTS, PROJECT DELAYS, LIQUIDATED DAMAGES OR PENALTIES OWED BY RENTER TO OTHERS, IDLE CREW, LABOR, OR SUBCONTRACTOR COSTS, OR THE COST OF SUBSTITUTE EQUIPMENT, ARISING FROM EQUIPMENT BREAKDOWN, MALFUNCTION, LATE DELIVERY, UNAVAILABILITY, OR ANY OTHER CAUSE, EVEN IF OWNER WAS ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
OWNER’S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT OR THE EQUIPMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE RENTAL FEES ACTUALLY PAID BY RENTER UNDER THE RENTAL ORDER GIVING RISE TO THE CLAIM.
If Equipment fails due to a defect or normal wear and tear, Renter’s exclusive remedy is, at Owner’s option, repair or replacement of the Equipment or a prorated credit of rental fees for the period the Equipment was unusable, provided Renter notified Owner promptly.
This section does not limit Owner’s liability for its gross negligence or willful misconduct, or for any liability that cannot be limited under applicable law. Renter acknowledges that the rental rates reflect this allocation of risk, and that Renter may obtain its own insurance for business interruption or project delay.
Equipment must remain at the job site or delivery location shown on Schedule A. Renter shall not move the Equipment to another location, take it outside the State of Tennessee, sublet, lend, or allow anyone other than Renter’s qualified operators to use it without Owner’s prior written consent. Renter shall keep the Equipment free of all liens and encumbrances. Title to the Equipment remains with Owner at all times.
Equipment may be equipped with GPS or telematics devices that record location, machine hours, operating data, and alerts. Renter consents to Owner’s collection and use of this data for asset protection, billing (including hour and location verification), maintenance, damage review, and recovery. Renter shall not disable, remove, or tamper with these devices. Owner may use telematics to disable Equipment that is past due, unpaid, or outside the authorized location, but only while the Equipment is not in operation.
Covered Examples: Cosmetic scuffs, minor seal or O-ring leaks, fasteners that loosen from vibration, and similar minor damage arising from normal, compliant operation.
Not Covered: Negligence or misuse (including the examples in Section 6), abuse, impact, water intrusion, overloading, thrown tracks (see Thrown Track Coverage below), tire damage (see Tire Damage Coverage below), glass or light damage, attachment damage, theft or loss, and mechanical damage to any hose. This includes hoses located on the Equipment, hoses located on an attachment, and hoses connecting the Equipment to an attachment. Hoses damaged by snagging, pinching, crushing, cutting, pulling, abrasion from improper operation, impact, or other operator-caused or external mechanical damage are not covered by Damage Waiver Protection and are 100% the Renter’s financial responsibility.
Impact Damage Not Covered: Damage from striking objects, including other heavy equipment, trees, tree stumps, walls, buildings, vehicles, posts, barbed wire, or hidden objects, is not covered. Operators must inspect the work site before and during operation to identify objects that could damage the Equipment.
Damage Waiver Protection Void: Damage Waiver Protection does not apply if Renter fails to maintain the Equipment as required in Section 5, allows unauthorized operators, or violates Section 6.
Thrown Track Coverage (TTC) (optional; not insurance): If elected and paid on Schedule A, Owner provides one on-site reinstallation per rental period within 20 miles, including 2 hours of labor. Additional trips and labor are billed. TTC does not cover repeated events, parts, or damage from continued operation while de-tracked.
Tire Damage Coverage (TDC) (optional; not insurance): If elected and paid on Schedule A, Owner pays the cost of one (1) replacement tire for one (1) incident per rental period when a tire is damaged by a puncture, cut, or road hazard during normal, compliant use. The replacement tire must match the original tire’s size, load rating, and type. Owner may supply the replacement tire or reimburse Renter for the cost of an equivalent tire, upon return of the damaged tire to Owner. Renter is authorized to have the damaged tire changed and remains responsible for removing, mounting, and installing the replacement tire, including all labor, roadside service, towing, and travel costs. Owner does not provide on-site or roadside tire service under TDC. TDC does not cover additional tires or incidents; wheels, rims, hubs, bearings, or axles; damage from overloading, exceeding rated speed, or towing with an improperly rated vehicle; damage from continued operation or towing on a flat or damaged tire; curb, impact, or collision damage beyond the tire itself; or theft or loss of tires or wheels.
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.
If Equipment is returned after business hours, Renter remains fully responsible until Owner reopens and completes a formal inspection and check-in.
Renter is responsible for all damages, loss, theft, parts, labor, transport, specialized equipment, third-party services, legal/collection costs as provided in Section 18, and lost rental revenue until repair or replacement at the applicable rental rate shown on Schedule A.
Field Service Calls (damage-related): $297 for first 2 hours, $167/hour after, plus travel. Renter not charged for normal wear defects.
If Renter fails to return the Equipment when due, fails to pay amounts when due, moves the Equipment without Owner’s consent, or otherwise defaults under this Agreement, Owner may recover the Equipment without further notice. Renter authorizes Owner and its agents to enter the job site or any premises under Renter’s control to retrieve the Equipment, provided recovery is accomplished without breach of the peace. Renter shall pay all recovery costs, including transport, labor, and rental charges until the Equipment is recovered. Equipment not returned within 24 hours after the end of the Rental Period without Owner’s written consent may be reported to law enforcement as unreturned rental property.
Calendar Day Limits: Daily 9AM–9AM next day; Weekend Fri 2PM–Mon 9AM; Weekly 9AM–9AM same weekday next week; Monthly 9AM–9AM on 29th day.
Hourly Limits: Daily 8 hrs; Weekend 14 hrs; Weekly 40 hrs; Monthly 160 hrs.
Overage Charges: Machine hours or time beyond the limits above are billed at an hourly overage rate equal to the Daily Rate shown on Schedule A divided by six (6). Once overage charges reach the Daily Rate, Renter is instead charged one additional Daily Rate, which includes the Daily hour allowance, and any further overage is billed the same way. Extensions must be requested and paid before expiration.
Renter shall indemnify, defend, and hold harmless Owner and its agents/employees from all claims, damages, liabilities, and expenses arising from Renter’s use, possession, or transport of the Equipment, including claims alleged to arise in whole or in part from Owner’s ordinary negligence, except for Owner’s gross negligence or willful misconduct.
Rescheduling. Renter may reschedule a rental at no charge by notifying Owner at least 24 hours before the scheduled start of the Rental Period. Rentals may be rescheduled an unlimited number of times, subject to Equipment availability. Requests made less than 24 hours before the scheduled start are subject to availability and Owner’s approval.
Early Returns. If Renter returns Equipment before the end of the Rental Period, the rental is re-rated at the next shorter rate period, based on the time the Equipment was actually kept, rounded up to the next full period:
Owner refunds or credits the difference between the amount paid and the re-rated charge. The re-rated charge will never exceed the original rental charge for the full Rental Period. One-time fees (including Delivery/Pickup, Prepaid Fuel, Damage Waiver Protection, Thrown Track Coverage, and Tire Damage Coverage), overage charges, and charges under Section 11 are not refunded or re-rated. The time of return is the time recorded by Owner at drop-off or pickup.
Termination by Owner. Owner may terminate any rental immediately if Renter fails to pay amounts when due or otherwise breaches this Agreement. Upon termination, Renter must return the Equipment immediately, and Section 11.1 applies to any Equipment not returned.
Neither party is liable for delay caused by events beyond reasonable control (acts of God, labor disputes, government orders, etc.). Force majeure does not excuse payment obligations.
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.
Renter remains responsible for all amounts properly due under this Agreement and the applicable Rental Order, including rental charges, extensions, hour overages, fuel charges, cleaning charges, damage charges, service charges, replacement costs, and any other authorized amounts arising from the rental transaction.
Any amount not paid when due may be treated as delinquent and shall accrue interest from the due date until paid at 1.5% per month or the maximum rate permitted by Tennessee law, whichever is less. Owner may undertake reasonable internal collection efforts, including written payment demands and communications by mail, email, telephone, or text message using the contact information provided by Renter, subject to applicable law.
If an unpaid balance requires collection activity beyond ordinary account administration, Renter agrees to pay reasonable collection costs actually incurred by Owner and recoverable under this Agreement and applicable law.
If Owner refers the matter to an attorney, initiates legal proceedings, or otherwise incurs legal expenses to enforce this Agreement or collect amounts properly due, Renter agrees to pay reasonable attorney fees, court filing fees, service-of-process costs, court costs, and other reasonable legal or collection expenses actually incurred and recoverable under applicable law.
Any estimate of possible attorney fees, court costs, service fees, or other future collection or legal expenses shown in a payment demand, account notice, or other communication is provided for informational purposes only. An estimated amount is not part of the current balance due and will not become a charge merely because it appears in such a communication. Any such amount may be added to Renter’s obligation only if and when it is actually incurred, properly chargeable under this Agreement, and permitted by applicable law.
Acceptance of a partial payment, continued possession or return of the Equipment, delay in collection activity, or any other act or omission by Owner does not waive Owner’s right to collect the remaining balance or to exercise any other right or remedy available under this Agreement or applicable law.
Renter’s obligations under this section survive expiration or termination of the rental, return of the Equipment, and completion of the Rental Order.
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 (including by electronic acceptance). Renter may not assign without written consent.
If Renter is a business entity, the individual accepting this Agreement represents that he or she is authorized to bind Renter to this Agreement and all Rental Orders.
Personal Guarantee (when separately accepted): If an individual separately accepts this Personal Guarantee, whether electronically or in writing, at account setup or at the time of any rental, that individual (“Guarantor”), in consideration of Owner extending rental services and credit to Renter, personally, unconditionally, and jointly and severally guarantees full and prompt payment of all amounts owed by Renter under this Agreement and all Rental Orders, including collection and legal costs. Owner may enforce this guarantee without first pursuing Renter or any collateral. This is a continuing guarantee that covers all present and future rentals by Renter until Guarantor revokes it by written notice to Owner, and it remains in effect for all amounts arising from rentals made before revocation. Guarantor agrees that electronic acceptance of this guarantee is Guarantor’s legal signature, binds Guarantor in an individual capacity, and has the same effect as a handwritten signature.
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 or accepting electronically, Renter acknowledges and accepts full financial responsibility, including damages, administrative time, legal/collection costs as provided in Section 18, parts, transportation, and foregone rental revenue.
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