1. Definitions. “Agreement” shall mean this iRENT DUMP TRAILERS RENTAL AGREEMENT and accompanying Rental Confirmation Email. “Customer” shall mean the person or company confirmed to have made the reservation. “Authorized Individual” shall mean those individuals that Customer directly or indirectly allows to use the dump trailer or optional equipment, who are over the age of 21, and not under the influence of any drugs, alcohol, substances or otherwise impaired. “Company” shall mean iRent Dump Trailers, LLC, a North Carolina limited liability company located at 1105 Tryon Village Drive, Suite 303 #120, Cary, NC 27518. “Rental Period” shall be the starting and end date confirmed in the Order Confirmation Email. “Order Confirmation Email” is the email provided to Customer by Company after the rental has been requested through the online portal and will confirm the start time, end time, and price.
2. Terms. Customer’s execution of this Agreement or taking possession of the dump trailer or optional equipment, whichever occurs first, shall be deemed acceptance of this Agreement. Customer rents the dump trailer from Company for the specified duration agreed to by Company and for the price as stated in the Order Confirmation Email. Any extension of a rental must be made in advance and be evidenced by an additional Order Confirmation Email sent to Customer by Company. In the event an extension may not be granted, the dump trailer must be returned to Company on the Return Date and time stated in this Agreement. The dump trailer and optional equipment is, and shall remain, the property of Company and shall not be affixed to any other property. Customer shall not pledge or encumber the dump trailer in any manner. These terms shall also apply to any additional optional equipment Customer may choose to now or later rent from Company.
3. Equipment Rental Fees, Deposit and Charges. The total charges specified in this Agreement are estimated based on Customer’s initial rental order. Additional charges for extended rental periods, damages, cleaning fees, costs to recover etc. may be applied at time of return or abandonment as follows:
a. A deposit is required for all rentals in the amount of $250.00 or more based on the equipment rented, either by debit or credit card. The deposit may be used for any additional charges incurred by Customer, including damage to trailer or additional days rented. The deposit, less any additional charges, will be refunded at the time of return and inspection of the trailer. Note that debit/credit card issuer’s rules will apply to Customer account being credited, which may not be immediately released by the card issuer.
b. A surcharge will be added if Customer returns the dump trailer to a location other than the location where Customer rented the dump trailer, or if Customer does not return it on the date and time due. Customer may be charged the standard rates for each day (or partial day) after the due-in date, which, in some cases, may be higher than the rates for the initially agreed rental period if a special or promotional rate applied to the initially agreed rental period.
c. A late fee equal to $20 per hour may be applied to each hour past the reservation end time. If Customer is going to be late or needs additional time, please contact us ahead of time so Company can update Customer reservation and ensure no conflict exists with another reservation.
d. A cleaning fee of $150.00 may be applied if dump trailer is returned substantially less clean than when rented.
e. An administration fee of $300.00, plus applicable charges for the cost of disposal, will be added for dumping anything left in the trailer.
f. Customer shall reimburse Company for all costs associated with locating and recovering abandoned dump trailers or optional equipment, and the collection of delinquent balances, including without limitation, attorney’s fees.
g. All Charges are subject to Company’s final audit. If errors are discovered after the close of this transaction, Customer must notify Company in writing of such error within 15 days, and Customer authorizes Company to correct the Charges with the payment card issuer.
4. Payment. Customer shall pay for the rental of dump trailer and any optional equipment without any offsets, in full, in advance of the time of rental. Customer gives authorization to Company to charge the debit or credit card on file for any and all amounts associated with this rental as shown in the confirmation email, fees or associated costs incurred under this Agreement , and any charges subsequently incurred by customer, including but not limited to, loss of or damage to the dump trailer or optional equipment any extension of the rental period, or any future rentals.
5. Cancellation Fee. There is a cancellation fee on any order cancelled or modified after the Order Confirmation Email has been sent to Customer by Company as follows:
a. Prior to 48 hours before 6am on the first day of reservation: 20% of the total reservation, plus tax. Not to exceed the equivalent of two days booking.
b. Between 40 hours- 24 hours before 6am the first day of reservation: One day booking rate for total reservation, plus tax.
c. Less than 24 hours before 6am the day of reservation: two days booking rate of the total reservation, plus tax.
6. Optional Equipment. We offer certain optional equipment (“Optional Equipment”), upon request and subject to availability for Customer use during the rental at an additional charge. All Optional Equipment is rented AS IS and must be returned to us at the end of the rental in the same condition as when rented. Customer is responsible for the replacement cost of lost or damaged parts and supplies used in Optional Equipment.
7. Permitted Use.
Customer agrees and warrants that
i) Company has no control over the manner in which the dump trailer and Optional Equipment is operated during the Rental Period by Customer or any third-party that Customer implicitly or explicitly permits,
ii) prior to each use and its return to Company, Customer shall inspect the dump trailer and Optional Equipment at the time of pick-up, prior to each use, and at the time of return to confirm that the dump trailer and Optional Equipment is in good condition, without defects, and the dump trailer and Optional Equipment is suitable for Customer’s intended use;
iii) Customer has access to and reviews the operating agreement and safety instructions and will operate the dump trailer and Optional Equipment in accordance with manufacturer’s safety instructions and in accordance with all applicable laws and regulations;
iv) Customer shall immediately stop use or transfer of dump trailer or Optional Equipment and notify Company if the dump trailer is damaged, unsafe, malfunctioning, threatened with seizure, loss of any incident occurs;
v) Customer has received from Company all information requested related to the use and towing of dump trailer and Optional Equipment; vi) Company is not responsible for providing instruction or training on the transfer of dump trailer or operation of Optional Equipment;
vii) only authorized individuals shall use, transfer or operate the dump trailer or Optional Equipment during the Rental Period or any holdover period that may occur, however, Customer is responsible for the dump trailer and Optional Equipment during its use and Rental Period regardless of the user;
viii) the dump tailer and Optional Equipment shall be used and maintained in a careful manner, within the equipment’s capacity and in compliance with all applicable state and federal laws, permits and licenses, and this Agreement;
ix) the dump trailer and Optional Equipment shall be kept in a secure location; and x) Customer shall provide Company with accurate and complete information which Company relies on.
8. Prohibited Use. Customer shall not i) alter or cover up any decals or insignia on the dump trailer or Optional Equipment, remove any operating or safety equipment or instructions or alter or tamper with the dump trailer or Optional Equipment; ii) assign its rights under this Agreement; iii) move the dump trailer or Optional Equipment from the Site Address without Company’s written consent; iv) use the dump trailer or Optional Equipment in a negligent, illegal, unauthorized or abusive manner; or v) allow the transfer of dump trailer by anyone other than Customer as Customer acknowledges that the transfer of dump trailer may be dangerous if used improperly. In addition, the following uses of the dump trailer are prohibited:
a. The dump trailer shall not be towed:
i. by anyone under the age of 21 or whose driver’s license is suspended in any jurisdiction;
ii. by anyone under the influence of drugs or alcohol;
iii. by anyone who obtained the dump trailer or extended the rental period by giving Company false, fraudulent, or misleading information;
iv. in furtherance of an illegal purpose or under circumstance that would constitute a violation of law other than a minor traffic citation;
v. for commercial purposes without the written consent of Company;
vi. outside the United States;
vii. when loaded beyond the manufacturer’s recommendations;
viii. when driven through or under an underpass or other structure without sufficient overhead or side clearance;
ix. when it is reasonable to expect Customer to know that further operation would damage the dump trailer;
x. in a manner that causes damage to the dump trailer due to inadequately secured cargo;
xi. by any vehicle with insufficient towing capacity as determined by the vehicle manufacturers recommendations ; or
xii. by anyone who is sending or receiving an electronic message, including text (SMS) messages or emails, while towing dump trailer;
b. Failing to properly load materials and distribute the weight of those materials to allow safe operation of the dump trailer;
c. Failing to properly secure the dump trailer to the towing dump trailer;
d. Failing to summon the police to an accident involving the dump trailer;
e. Damaging the dump trailer by Customer intentional, wanton, willful or reckless conduct;
f. Transporting an animal in the dump trailer without Company’s written consent;
g. Sitting, standing, or lying on any side, inside, or exterior of the dump trailer;
h. Transporting passengers in or on the dump trailer at any time;
i. Failing to use the dump trailer in compliance with all instructions and warnings provided by us;
9. Trailer Content Regulations. Customer is fully responsible for the entire contents of the dump trailer and is the rightful owner of the dump trailer’s contents.
a. Hazardous and Unacceptable Material Prohibited. Customer warrants and represents that the dump trailer will not contain any hazardous materials and acknowledges that the disposal of such hazardous materials is strictly prohibited. For purposes of this Agreement, “hazardous materials shall mean any waste which is listed, has the characteristics of, or is otherwise identified as hazardous waste or subject waste under applicable state or federal laws or regulations, including but not limited to the Resource Conservation and Recovery Act of 1976 (42 U.S.C. et seq. and the regulations promulgated thereunder). “Unacceptable material” shall mean any non-hazardous waste which is not permitted to be processed at a facility under applicable laws or permits, source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 and the regulations thereunder; asbestos-containing waste; mercury-containing waste; and any waste delivered by Customer which is not approved by Company.
b. Other Unacceptable Materials
i. Substances hazardous to health (toxic or corrosive material);
ii. Liquids of any kind weather contained or not;
iii. Cans, drums, or other container of any kind unless emptied and crushed and incapable of carrying any
liquid;
iv. Medical waste or animal carcasses of any kind;
v. Any material not listed above however considered unsuitable for containment e.g. malodorous waste: asbestos, paint, tries, gas bottle, fluorescent tubes, light bulbs, batteries, household appliances such as but not limited to refrigerators, conventional ovens, microwave ovens, washer, dryers, etc; or
vi. Extremely heavy material like rock or concrete which by loading & unloading cause damage to the dump trailer.
c. Weight Limit. In order to keep the trailer in good condition, Customer agrees to restrict tonnage to not exceed manufacturers maximum recommendation of 5 tons or 10,000 lbs.
10. Towing Requirements. Customer represents and warrants that the vehicle used by Customer to tow the dump trailer i) is in good condition free from any defects, known or unknown, that will prohibit it from safely towing the dump trailer; ii) has the capacity to tow the dump trailer; iii) any load will be properly loaded and placed for safe operation of the dump trailer; iv) and Customer will ensure that when towing the dump trailer, it is properly secured and connected to the towing dump trailer and will use all safety chains, breakaway switch, electric brake controller, brake and turn signal light connections, cables, locking devices and other similar devices meeting the requirements of applicable law.
11. Storage and Placement of Dump Trailer. Customer warrants and represents that any location provided by Customer for the dump trailer is sufficient to bear the weight and size of the dump trailer and shall be stored in a safe manner in accordance with applicable laws and local ordinances.
12. Abandonment. Company may repossess the dump trailer at Customer expense without notice to Customer if the dump trailer is abandoned, not returned in a timely manner in accordance with the rental period stated in this Agreement, or used in violation of law or this Agreement.
13. Condition and Return of Dump trailer. Customer must return the dump trailer to Company’s rental office or other location Company specifies, on the date and time specified in this Agreement or any extension thereof. The dump trailer and optional equipment must be returned in the same condition it was received, except for ordinary wear and tear. Upon return the dump trailer must be empty and clean to its original condition and be free from any hazardous materials and contaminants. If the dump trailer is returned after closing hours, Customer remains responsible for the loss of and any damage to the dump trailer until Company inspects it upon the next opening for business, and charges may continue to accrue. Service to the dump trailer or replacement of parts or accessories during the rental must have our prior written approval.
14. Customer Responsibility for Damage or Loss. Customer is responsible for all damage to or loss or theft of the dump trailer, including damage caused by weather, acts of God or terrain conditions. Customer responsibility will include:
a. all physical damage to the dump trailer measured as follows:
i. if Company determines that the dump trailer is a total loss, the actual cash value of the dump trailer, less salvage;
ii. if Company determines that the dump trailer is repairable: (A) the difference between the value of the dump trailer immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value;
iii. Loss of Use, which is measured by multiplying Customer daily rental rate by either the actual or estimated number of days from the date the dump trailer is damaged until it is replaced or repaired, which Customer agree represents a reasonable estimate of Loss of Use damages and not a penalty;
iv. an administrative fee, calculated based on the damage repair estimate as follows, which Customer agree is reasonable: $0-$250 damage=$50 fee; $251-$500 damage=$75 fee; $501-$750 damage=$100 fee; $751-$1500 damage=$150 fee; $1501-$2500 damage=$200 fee; over$2500 damage=$250 fee;
v. towing, storage, and impound charges and other reasonable incidental and consequential damages; and
vi. all costs associated with our enforcement of this Agreement including attorneys’ fees, collection fees, and costs whether litigation is commenced.
15. NO WARRANTIES. COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST COMPANY. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE DUMP TRAILER AND OPTIONAL EQUIPMENT AND RELEASES COMPANY FROM ALL LIABILITIES AND DAMAGES, (INCLUDING BUT NOT LIMITED TO LOST PROFITS, PERSONAL INJURY AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN ANY WAY CONNECTED WITH THE DUMP TRAILER OR OPTIONAL EQUIPMENT, ITS OPERATION, USE OR ANY DEFECT OR FAILURE THEREOF, INACCURACIES IN INFORMATION PROVIDED BY CUSTOMER WHICH COMPANY RELIED UPON; PROVIDED HOWEVER, IF CUSTOMER IS A CONSUMER UNDER APPLICABLE LAW, THEN NO CONSEQUENTIAL DAMAGES LIMITATION OF INJURIES TO PERSONS SHALL APPLY.
16. RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, AND HOLDS COMPANY, ITS OWNERS, AGENTS, AND EMPLOYEES (“COMPANY RELEASEES”) HARMLESS, AND AT COMPANY’S REQUEST DEFENDS, WITH COUNSEL APPROVED BY COMPANY, COMPANY RELEASEES FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES, INCLUDING ATTORNEY’S AND LEGAL FEES AND EXPENSES, HOWEVER ARISING OR INCURED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY OR DEATH OF ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE a) ACCESS, USE, POSSESSION OR CONTROL OF THE DUMP TRAILER OR OPTIONAL EQUIPMENT BY CUSTOMER OR ANY THIRD PARTY THAT CUSTOMER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS, USE, POSSESS OR CONTROL THE DUMP TRAILER OR OPTIONAL EQUIPMENT DURING THE RENTAL PERIOD, OR b) BREACH OF THIS AGREEMENT. CUSTOMERS INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXIRATION OR TEMINATION OF THIS AGREEMENT.
17. Insurance. At the time of rental, Customer shall provide Company proof of insurance in accordance with the following. During the rental period, Customer shall maintain, at its own expense, the following minimum insurance coverage:
a) All Customer’s must provide proof of automobile liability insurance, covering both the vehicle being used to tow the dump trailer and the trailer being towed, including comprehensive and collisions coverage, and uninsured/underinsured motorist coverage at a minimum of $100,000 per occurrence/ $200,000 aggregate.
b) Customers using dump trailer or Optional Equipment for professional use, general liability insurance of not less than $100,000 per occurrence, $200,000.00 aggregate, including coverage for Customer’s contractual liabilities.
Such policies must be primary, noncontributory, on an occurrence basis and contain a waiver of subrogation. To the extent Company provides insurance on any dump trailer or Optional Equipment, Company’s insurance will be considered excess insurance. The insurance required herein, shall not relieve Customer of its responsibilities, indemnification obligations, or other obligations provided herein, or for which Customer may be liable by law or otherwise.
18. Customer Property. Customer releases Company, its agents and employees from all claims for loss of, or damage to, Customer personal property or that of any other person, that Company received, handled or stored, or that was left or carried in or on the dump trailer or in any service dump trailer or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
19. Responsibility for Traffic Violations, and Other Charges. Customer is responsible for paying the charging authorities directly all parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against Customer, Company or the dump trailer during the Rental Period.
If Company is notified by the charging authorities that Company may be responsible for payment of a Violation, Customer will pay Company or a processing firm (“Processor”) of Company’s choosing an administrative fee of up to $50 for each such notification. Customer authorizes Company to release Customer rental and payment card information to a Processor for processing and billing purposes. If Company or the Processor pay a Toll or Violation, Customer authorizes Company or the Processor to charge all such payments, service fees, and administrative fees to the payment card Customer used in connection with this rental.
20. Company Responsibility for Inoperable Equipment. If the dump trailer becomes inoperable for more than 24 hours, Company’s liability to Customer is limited to the daily rental rate times the number of days the dump trailer is inoperable.
21. GPS, Telematics and Personal Information. Customer acknowledges and agrees that Company dump trailers and optional equipment may be equipped with GPS or other telematic system technology for the purpose of tracking Company owned equipment. If necessary or required by law, Company may disclose personally identifiable information about Customer and the location of any and all Company equipment to applicable law enforcement agencies or to other third parties in connection with the enforcement of Company’s rights under this Agreement and other legitimate business functions. Questions regarding privacy should be directed to the location where Customer rented the dump trailer.
22. Limitation of Liability. In consideration of the rental of the dump trailer or optional equipment, Customer agrees that Company’s liability, under no circumstances, shall exceed the total rental charges paid by Customer under this Agreement.
23. Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between Customer and Company. All prior representations and agreements between Customer and Company regarding this rental are void. A waiver by Company of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of Customer obligations under this Agreement. Our acceptance of payment from Customer or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Customer waives all recourse against Company for any criminal reports or prosecution that we take against Customer that arise out of Customer breach of this Agreement. Unless prohibited by law, Customer release Company from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a dump trailer. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement will be governed by the laws of the state of North Carolina, without giving effect to the choice of law rules thereof, and Customer irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in Wake County, North Carolina.