Equipment Rental Agreement – Terms & Conditions

Parties. This Rental Contract (“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 selections and Thrown Track Insurance (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.

1. Equipment

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.

2. Rental Period

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.

3. Fees; Payment; Security Deposit; Taxes

1. Fees & Taxes. Rental Fees are shown on Schedule A and are due in full, in advance. Renter pays all applicable taxes and any additional charges arising from use (e.g., fuel, cleaning, damages, service calls).
2. Security Deposit. If listed on Schedule A, the deposit may be applied to damages, loss, cleaning, Owner-provided accessories (hitches, straps, binders), or unpaid balances. If Equipment (and provided accessories) return in the same condition (ordinary wear only), Owner refunds the deposit within 14 business days.
3. Payment Authorization. Renter authorizes Owner to charge any card on file for all amounts due under this Agreement (including overages, damages, cleaning, service, collection costs).
4. NSF/Chargebacks. Returned checks: $45 service charge plus collection costs. Card chargebacks: $75 admin fee plus collection costs.

4. Condition; Inspections; After-Hours Returns

1. Pre-Rental Inspection. Renter may inspect and document condition (photos/video/written notes) and must promptly notify Owner in writing of issues before accepting the Equipment.
2. Post-Rental Inspection & After-Hours Returns. Owner inspects during regular business hours. If Equipment is returned after hours, Renter remains fully responsible until Owner reopens and completes formal check-in. Condition is not verified at after-hours drop-off. Only the in-person inspection and official check-in release the Renter from responsibility.
3. Comparison. Return condition is compared to pre-rental documentation. Items beyond ordinary wear are billed per Section 11.

5. Maintenance & Repairs (Not Normal Wear and Tear)

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):

• Dents, scratches, broken glass, broken pins, bent metal, broken teeth, missing items
• Punctured tires, damaged/cut/excessively worn tracks, track punctures
• Jammed/trapped/wound foreign materials (rocks, metals, wood, plastics) in moving parts

Failing to maintain the equipment in good condition voids the Damage Waiver (see Section 7).

6. Proper Use; Safety; Negligence

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):

• Operating on an unsafe grade or on slopes beyond manufacturer limits
• Operating under excessive load (overheating/other mechanical damage)
• Lifting/handling loads beyond rated capacity
• Attempting to push/pull/pry/remove items beyond equipment/attachment capabilities
• Aggressive or tight turns on tracked units causing thrown tracks
• Operation under the influence of drugs/alcohol
• Failure to grease/lubricate per specification
• Exceeding rated lift
• Operating without proper PPE

6.1. Job Site Suitability

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 unless otherwise agreed in writing by Owner.

• No Performance Guarantee: Owner does not guarantee that the Equipment rented will accomplish the Renter's intended project or production objectives. Equipment selection remains solely the responsibility of the Renter.
• Operator Qualification: Renter represents that all operators are competent, properly trained, legally qualified where required, and familiar with the safe operation of the Equipment. Owner is not responsible for inadequate operator experience or training.
• Hidden Obstructions: Owner is not responsible for hidden or unknown site conditions encountered during operation, including underground utilities, buried objects, concealed obstacles, unstable soils, or subsurface conditions.
• Weather: Weather conditions do not relieve the Renter of rental obligations. Rain, snow, mud, flooding, excessive wind, freezing temperatures, or other environmental conditions preventing Equipment use do not constitute Equipment failure or justify rental credits.
• Manufacturer Safety Systems: Equipment safety systems, electronic controls, emissions systems, overload protection, tilt alarms, interlocks, or other manufacturer-installed protective features operating as designed shall not be considered Equipment malfunction.
• Service Call Not Covered: If Owner responds to a service request and determines that the Equipment is functioning normally and the reported issue results from job site conditions, operator error, improper application, safety system activation, environmental conditions, or misuse, standard field service charges shall apply.
• Equipment Availability: Owner is under no obligation to exchange Equipment after delivery because the Equipment selected is unsuitable for the Renter's project.
• Transportation Access: Renter is responsible for ensuring safe and adequate access for deliveries, pickups, and service vehicles. Additional trips resulting from inaccessible locations may be billed.
• No Professional Advice: Owner is an equipment rental provider and is not acting as an engineer, architect, safety consultant, project manager, geotechnical consultant, or job site supervisor. Any recommendations regarding Equipment selection or operation are provided solely as general information based upon information supplied by the Renter and shall not be relied upon as professional advice. Renter remains solely responsible for evaluating all job site conditions, selecting appropriate Equipment, and determining whether the Equipment can be safely and effectively used for the intended application.

7. Insurance & Damage Waiver (DW)

1. Insurance. Renter must carry liability/property coverage sufficient to cover the Equipment’s replacement cost, or accept full financial responsibility.
2. Damage Waiver Protection (optional; not insurance). Provides limited protection for ordinary wear and tear and accidental damage arising from normal, compliant operation.

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.

8. Rigging; Vehicles & Trailers

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.

9. After-Hours Returns – Responsibility Continues

If Equipment is returned after business hours, Renter remains fully responsible until Owner reopens and completes a formal inspection and check-in.

10. Inspections

• Pre-Rental: Renter may inspect and document condition and must report issues before accepting Equipment.
• Video Documentation: Either party may record condition before and after the rental.
• Return Comparison: End-of-rental condition is compared to pre-rental documentation.

11. Damages & Financial Responsibility; Service Calls; Downtime

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.

12. Equipment Usage Limits & Additional Charges

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.

Overages automatically add another rental period. Extensions must be requested and paid before expiration.

13. Indemnification

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.

14. Termination

Either party may terminate long-term rentals with 10 days’ notice. Unpaid rentals may terminate immediately. Upon termination, Equipment must be returned immediately.

15. Force Majeure

Neither party is liable for delay caused by events beyond reasonable control (acts of God, labor disputes, government orders, etc.).

16. Governing Law; Venue

Tennessee law governs. Venue lies in Hickman County or Humphreys County, TN, or the U.S. District Court for the Middle District of Tennessee.

17. Notices

Notices must be in writing and delivered by hand, courier, certified mail, text, or confirmed email to the addresses on Schedule A.

18. Precedence

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.

19. Entire Agreement; Amendments; Assignment

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.

20. Severability; No Waiver; Counterparts/E-Sign

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.