GULF PINES EQUIPMENT RENTAL SUPPLEMENTAL TERMS AND CONDITIONS FOR RENTAL EQUIPMENT
These Gulf Pines Equipment Rental Supplemental Terms and Conditions for Rental of Equipment dated ______
(“Rental Terms”) supplement and amend the terms of the Master Services Agreement or other agreement
(“Agreement”) between Gulf Pines Equipment Rental Rentals LLC (“Gulf Pines Equipment Rental”) and the
customer referenced in the signature block below (“Customer”) for the purpose of governing equipment rental
transactions between the parties, as agreed on an applicable order document. These Rental Terms, the Agreement
and an applicable order document for the lease or rental of equipment are collectively referred to herein as the
“Rental Documentation.” In the event of any conflict between these Rental Terms and those contained in any Rental
Documentation, these Rental Terms shall govern.
1. RIGHTS TO THE EQUIPMENT: Customer represents that the equipment herein is to be used solely and
exclusively for business or commercial purposes. The equipment is owned by Gulf Pines Equipment Rental.
Customer acknowledges that no one other than Gulf Pines Equipment Rental may transfer the equipment or any
rights or obligations under the Rental Documentation. Neither Customer nor any operators are agents of Gulf
Pines Equipment Rental. No one may perform major service, repair, or alter the equipment without Gulf Pines
Equipment Rental's prior written approval except for emergencies, which threaten life or property. Customer will
not suffer any liens or encumbrances to attach to the equipment and will defend, indemnify and hold Gulf Pines
Equipment Rental harmless from all loss, liability and expense by reason thereof.
2. RENTAL CHARGES: Customer and Gulf Pines Equipment Rental hereby agree to the equipment and pricing as
detailed on the Pricing Schedule to the Agreement and Customer agrees to be responsible for all applicable fees and
charges as published at www.gprents.net, including without limitation, environmental and emissions, refueling,
vehicle licensing fees and transportation charges. Any equipment that is ordered locally at a Gulf Pines Equipment
Rental branch or other such location, that is not on the list of equipment in the Pricing Schedule of the Agreement
will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard
rental shift, plus any additional hours, as published at www.gprents.net. Customer agrees to be liable for all
payments due for such local rentals.
3. OPERATION OF THE EQUIPMENT. Only Customer and the following persons with Customer’s permission
("Authorized Operators") may operate the equipment: Customer's employees during such employee's regular
employment, and Customer’s Owners and agents during performing work for Customer. Customer and all
Authorized Operators must be properly qualified to operate the equipment and have a valid operator's license with
respect to the equipment required by law. Use of the equipment by persons other than as provided for in this
Paragraph will be at Customer's sole risk.
4. CUSTOMER'S RESPONSIBILITIES. Customer must return the equipment to Gulf Pines Equipment Rental in the
same good and clean condition it was in when Customer received it, ordinary wear excepted. The equipment must
be returned to Gulf Pines Equipment Rental at the Gulf Pines Equipment Rental branch from which it was rented.
Customer acknowledges that it must confirm return receipt of the equipment by Gulf Pines Equipment Rental at the
time the equipment is returned. Until such time as Gulf Pines Equipment Rental receives actual possession of the
equipment, Customer agrees to hold said equipment in a safe and secure manner. Customer shall notify the renting
branch by telephone or fax, prior to any equipment movements between Customer’s job sites. The equipment will
be used only in accordance with the manufacturer's instructions within its rated capacity. Customer will promptly
notify Gulf Pines Equipment Rental of any accident, damage or failure involving the equipment and will reasonably
cooperate with Gulf Pines Equipment Rental in gathering information in connection therewith. Customer will
perform or cause to be performed lubrication and readiness checks of the equipment, including but not limited to:
checking of the equipment before each shift; checking and maintaining crankcase, transmission, cooling and fluid
systems daily; and checking tire pressure and battery fluid and charge levels weekly. If the equipment fails to operate
properly or becomes in need of repair, Customer will immediately cease using same and will immediately notify
Gulf Pines Equipment Rental. Customer further agrees, at Customer's sole cost and expense, to secure and maintain
in force during the entire term of the Rental Documentation insurance that meets the requirements set forth herein
for the benefit of Gulf Pines Equipment Rental.
5. RISK OF LOSS. All loss of or damage to the Equipment from any cause therefore while on rental and whether or not
due to the fault of Customer, including, but not limited to, fire, flood, theft, comprehensive losses, collision and
rollover, and Acts of God, will be the sole responsibility of Customer and will be paid to Gulf Pines Equipment
Rental promptly upon Customer’s receipt of an invoice therefore. Such responsibility is limited to the full value of
the Equipment at the
time it is lost or damaged, less its salvage value, plus an administrative fee and Gulf Pines Equipment Rental’s
related expenses, such as loss of use, appraisal fees or recovery costs. THE COST OF LABOR FOR REPAIRS
WILL BE EITHER GULF PINES EQUIPMENT RENTAL’S THEN PREVAILING HOURLY RATE FOR
LABOR, POSTED AT THE GULF PINES EQUIPMENT RENTAL BRANCH WHERE THE EQUIPMENT IS
TO BE REPAIRED, OR THE REPAIRER’S HOURLY RATE FOR LABOR CHARGED TO GULF PINES
EQUIPMENT RENTAL FOR REPAIRS AS THE CASE MAY BE. PARTS WILL BE CHARGED AT GULF
PINES EQUIPMENT RENTAL’S COST PLUS A RETAIL MARKUP. Use of the Equipment by persons other
than Customer or Authorized Operators will be at Customer’s sole risk.
6. CUSTOMER’S INSURANCE OBLIGATIONS Liability Insurance for Injury/Damage to Third Parties - Customer
agrees to maintain and carry, at its own expense and at all times during the term of this Agreement, the following
insurance: (1) commercial automobile insurance, with at least a per occurrence limit of $1 million, which includes
coverage for owned and non-owned motor vehicles. Gulf Pines Equipment Rental shall be named as an additional
insured for all claims arising out of the maintenance, operation, or use of the vehicle. All insurance, whether issued
on a primary or umbrella/excess basis, afforded to Gulf Pines Equipment Rental shall be primary to, and non
contributory with, any other insurance on which Gulf Pines Equipment Rental is a named insured, whether such other
insurance is primary, excess, self-insurance, or insurance on any other basis, to the furthest extent permitted by law.
Further, such primary and non-contributory protection shall not exceed the minimum limits required by the
automobile financial responsibility laws of the applicable state noted above. Such protection will conform to the
basic requirements of the applicable No-Fault law, BUT DOES NOT INCLUDE UNINSURED/UNDERINSURED
MOTORIST, SUPPLEMENTARY NO FAULT OR ANY OTHER OPTIONAL COVERAGE. TO THE EXTENT
PERMITTED BYLAW, GULF PINES EQUIPMENT RENTAL AND CUSTOMER REJECT THE INCLUSION
OF ANY SUCH COVERAGE. If such coverage is imposed by operation of law, then the limits of such coverage
will be the minimum required by the law of the applicable state noted above; (2) commercial general liability
insurance (providing coverage equal to or greater than the standard ISO CG 00 01 12 04 form) with limits of insurance
not less than $1 million per occurrence and $2 million in the aggregate. Customer shall name Gulf Pines Equipment
Rental as an additional insured for all claims and liability arising out of the maintenance, operation, or use by the
Customer of equipment leased to Customer by Gulf Pines Equipment Rental (providing coverage equal or greater
than the standard ISO CG 20 28 11 85). Such insurance shall be primary and non-contributory to any other insurance
maintained by Gulf Pines Equipment Rental. Customer further agrees that the amount of insurance available to Gulf
Pines Equipment Rental 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 in compliance with 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, Customer agrees that nothing in this agreement is intended to restrict or limit the breadth of such
insurance; and (3) property insurance for the full replacement cost of the Equipment, including coverage for all risks
of loss or damage to the Equipment. The policy must expressly cover owned and non-owned Equipment, including
motor vehicles (if applicable), while in your care, custody and control. Customer shall carry workers compensation
and employers’ liability insurance with at least a per occurrence limit of $1 million. Customer shall name Gulf Pines
Equipment Rental as an additional insured for all claims arising out of the maintenance, operation or use of the
equipment, and as an additional loss payee. Any deductibles or self-insured retentions shall be the sole responsibility
of the Customer. All insurance required by this Rental Agreement shall include a waiver of rights of recovery against
Gulf Pines Equipment Rental or its insurers by the Customer and its insurers, as well as a waiver of subrogation
against Gulf Pines Equipment Rental or its insurers. The policies required hereunder shall provide that Gulf Pines
Equipment Rental must receive not less than 30 days' notice prior to any cancellation. Customer shall provide Gulf
Pines Equipment Rental with documented proof of all required insurance coverage. FOR RENTAL OF
EQUIPMENT NOT LICENSED FOR ROAD USE, CUSTOMER MUST EITHER ELECT TO NAME GULF
PINES EQUIPMENT RENTAL AS LOSS PAYEE EVIDENCING PROPERTY INSURANCE COVERAGE, OR
ELECT TO PURCHASE THE RENTAL PROTECTION PLAN.
7. RENTAL PROTECTION PLAN OPTION. Gulf Pines Equipment Rental Rentals LLC or its affiliate (“Gulf
Pines Equipment Rental”) may offer the Rental Protection Plan ("RPP") for a fee to Customer on certain
Equipment and for certain types of loss or damage to limit Customer’s liability for property loss or damage.
Customer must either show proof of Property Insurance as required in Section 9 hereof or purchase Rental
Protection Plan (“RPP”). Gulf Pines Equipment Rental Rentals LLC or its affiliate ("Gulf Pines Equipment
Rental") may offer RPP for a fee to Customer on certain Equipment and for certain types of loss or damage to
limit Customer´s liability for property loss or damage to such Equipment for such loss or damage. RPP is not
offered on all types of Equipment. NOTWITHSTANDING PAYMENT OF THE RPP FEE, RPP DOES NOT
APPLY, AND CUSTOMER IS LIABLE FOR, ALL DAMAGES TO OR REPLACEMENT COST OF, THE
EQUIPMENT, AS APPLICABLE, AND ANY ADMINISTRATIVE FEES AND EXPENSES OF GULF PINES
EQUIPMENT RENTAL: (1)
CAUSED BY THE EQUIPMENT BEING USED OR OPERATED IN VIOLATION OF ANY OF THE
TERMS; (2) IN CASE OF NEGLIGENCE, AS DETERMINED IN GULF PINES EQUIPMENT RENTAL’S
SOLE DISCRETION; AND/OR (3) IF COVERAGE IS EXCLUDED UNDER THE RPP TERMS AND
CONDITIONS POSTED ON GULF PINES EQUIPMENT RENTAL’S WEBSITE. Upon accepting RPP,
Customer agrees to pay an RPP fee. Customers must review the RPP Terms and Conditions posted on Gulf Pines
Equipment Rental’s website at www.gprent.net before deciding whether to accept RPP. If Gulf Pines
Equipment Rental offers RPP to Customer for certain Equipment and Customer accepts RPP and pays Gulf Pines
Equipment Rental the RPP fee, in return for the RPP fee, if at the time of the claim, RPP covers such repair or
replacement, Gulf Pines Equipment Rental agrees to waive certain claims for accidental damages to or theft of
such covered Equipment occurring during normal and careful use. Customer remains liable for all other damages
as set forth in the Terms. RPP IS NOT INSURANCE. TO THE EXTENT GULF PINES EQUIPMENT
RENTAL DOES NOT OFFER RPP TO CUSTOMER, OR CUSTOMER DOES NOT ACCEPT RPP,
CUSTOMER MUST MAINTAIN THE PROPERTY INSURANCE COVERAGE REQUIRED BY
PARAGRAPH 9.PLEASE BE AWARE THAT IF CUSTOMER DOES NOT ELECT TO TAKE RPP AND IT
ELECTS TO MAINTAIN PROPERTY INSURANCE COVERAGE, AND IF THE CERTIFICATE OF
INSURANCE PROVIDED TO GULF PINES EQUIPMENT RENTAL TO EVIDENCE SUCH INSURANCE
COVERAGE IS UNACCEPTABLE TO GULF PINES EQUIPMENT RENTAL OR THE APPLICABLE
POLICIES EXPIRE, CUSTOMER AGREES THAT GULF PINES EQUIPMENT RENTAL MAY CHARGE
RPP FOR ALL APPLICABLE RENTALS UNTIL SUCH TIME AS AN ACCEPTABLE AND VALID
CERTIFICATE OF INSURANCE IS PROVIDED AND SUCH MATTERS ARE CORRECTED TO GULF
PINES EQUIPMENT RENTAL'S REASONABLE SATISFACTION. NOTWITHSTANDING ANY
NOTATION ON THE RENTAL RECORD, RPP IS NOT OFFERED ON OR AVAILABLE FOR THE
RENTAL OF PASSENGER MOTOR VEHICLES AND CERTAIN OTHER EQUIPMENT LISTED ON GULF
PINES EQUIPMENT RENTAL’S WEBSITE.
8. INDEMNIFICATION. Customer will defend, indemnify and hold harmless Gulf Pines Equipment Rental, its
subsidiaries, parent company and its and their officers, agents and employees, from and against all loss, liability,
claim, action or expense, including reasonable attorneys' fees, by reason of bodily injury, including death, and
property damage, sustained by any person or persons, including but not limited to employees of Customer, with
respect to maintenance, use, possession, storage, operation, erection, dismantling, servicing or transportation of
the equipment, or Customer's failure to comply with the terms of this Agreement. The indemnities stated herein
are the sole and exclusive indemnification obligations for equipment rental transactions under the Agreement for
both parties. All other indemnification obligations included within the terms of the Agreement are hereby
disclaimed for equipment rentals under the Agreement.
9. REMEDIES. In case of default by Customer, or if Gulf Pines Equipment Rental deems itself insecure, Gulf Pines
Equipment
Rental
may,
without
waiver
any
other rights and remedies, peaceably enter the premises after reasonable notice to the manager of the facility where
the equipment is located and render it inoperative or remove same.
of
10. WARRANTIES AND REMEDIES. Gulf Pines Equipment Rental warrants that the equipment, upon
delivery to Customer, will be in good mechanical and merchantable condition. Customer acknowledges
having examined the Equipment upon its delivery to Customer. The Equipment shall be deemed to be
accepted by Customer upon delivery and subject to the terms and conditions of this Agreement if Customer
does not notify Gulf Pines Equipment Rental in writing within 48 hours of delivery of the Equipment of
any problem with the Equipment. If the equipment is found by Customer not to be in good mechanical
condition, as a result of conditions not the responsibility of Customer, nor caused by the fault or negligence
of Customer or Customer’s employees or agents, Customer will notify Gulf Pines Equipment Rental within
48 hours of delivery, whereupon Gulf Pines Equipment Rental will suitably replace the equipment as soon
as is reasonably possible during Customer’s normal operations. Customer’s payment obligations shall
commence on delivery of the replacement equipment or the repaired equipment. If Gulf Pines Equipment
Rental removes the equipment, it shall no longer be subject to the Agreement. Customer shall pay to Gulf
Pines Equipment Rental all amounts due for damage to equipment which is the responsibility of Customer.
Customer agrees to provide reasonable access to the equipment to Gulf Pines Equipment Rental's
representatives.
The foregoing is in lieu of (i) all warranties, express, implied or statutory, including but not limited
to the implied warranty of merchantability and the implied warranty of fitness for a particular
purpose; and of (ii) all obligations or liability on the part of Gulf Pines Equipment Rental for
damages. Customer waives all indirect, incidental and consequential damages arising out of or in
connection with the renting, maintenance, use, operation, storage, erection, dismantling or
transportation of the equipment.
11. REFUELING OPTIONS. Gulf Pines Equipment Rental agrees to provide the equipment to Customer with full fuel
tanks. Customer may return the equipment with full fuel tanks(s) or allow Gulf Pines Equipment Rental to refuel
the equipment. If Customer returns the equipment with the fuel tank(s) less than full, Customer will pay to Gulf
Pines Equipment Rental a sum equal to Gulf Pines Equipment Rental’s then-applicable refueling service charge
posted at the Gulf Pines Equipment Rental branch where the equipment is returned for the number of gallons
required to refill the tank(s) at the time of return.
12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the state
of Florida without regard to its rules of conflict of laws. Customer irrevocably and unconditionally consents to
submit to the sole and exclusive jurisdiction of the state and federal courts within the State of Florida (the “Florida
Courts”) for any litigation arising out of or relating to this Agreement and the transactions contemplated hereby,
and waives any objection to the laying of venue and forum in the Florida Courts. If any provision, or any part of
any provision of this Agreement or the application thereof is thereafter held invalid or unenforceable, the
remainder of this Agreement shall not be affected thereby and to this end the provisions of this Agreement are
declared severable.