Disclaimer of Liability:
B&B SERVICES OF FLORIDA, LLC ("LESSOR") PROVIDES EQUIPMENT BASED ON PROVIDED PLANS AND SPECIFICATIONS, NOT INDEPENDENTLY VERIFIED. LESSOR'S SERVICES ARE RECOMMENDATIONS SUBJECT TO PROJECT ENGINEER APPROVAL. LESSOR DOES NOT PROVIDE ENGINEERING SERVICES, NOR DOES IT DESIGN OR MANUFACTURE EQUIPMENT BUT SUPPLIES IT AS REQUESTED. LESSOR IS NOT LIABLE FOR ANY DELAY, INTERRUPTION, OR FAILURE TO PERFORM DUE TO ACTS OF GOD, WEATHER, LABOR DISPUTES, GOVERNMENT ACTIONS, OR ANY CAUSE BEYOND ITS REASONABLE CONTROL.
Rental Terms:
Lessor rents equipment to Lessee per the Rental Contract. The Rental Period begins upon delivery and ends upon return or pickup. All rentals are subject to this Contract. Rates are based on the Rental Period; changes may adjust rates. This Contract governs any conflicts.
Lessee Responsibilities:
Lessee must pay all charges when due. Lessor retains ownership of the equipment. Lessee must: (a) communicate safety and operating information to operators; (b) not alter or deface equipment without consent; (c) not leave keys in unattended equipment.
Lessee Representations:
Lessee warrants: (a) upon delivery, manuals are received, controls are reviewed, and operators are trained; (b) equipment is inspected before each use; (c) equipment is operable and fit for use; (d) operators are authorized, competent, trained, and licensed; (e) equipment is used for its intended purpose. Lessee acknowledges Lessor has no control over equipment operation and improper use can be dangerous. Lessee warrants equipment will not be misused, overloaded, or used for hazardous materials; operators will not be impaired; equipment will be used with safety standards and kept secure. Lessee is responsible for training and disclaims Lessor's responsibility.
Inspection and Waiver:
Lessee inspects equipment upon delivery and must report concerns within 24 hours, or it is deemed accepted. Lessor requires photos upon delivery and pickup.
Insurance:
Lessee must maintain, at their own cost: (a) general liability insurance ($1M per occurrence/$2M aggregate); (b) "All Risks" property insurance covering replacement cost; (c) workers’ compensation; (d) umbrella and auto liability insurance ($1M); (e) inland marine or leased equipment insurance ($75K); (f) hired physical damage insurance ($115K for vehicle or attenuator rentals). Lessor must be named as an additional insured and loss payee on all policies. Certificates of Insurance are required with at least 30 days’ prior written notice of cancellation.
Damage Waiver, Proof of Insurance, and Lessee Responsibility:
A non-mandatory damage waiver, priced at 15% of the total rental cost, will be applied unless the Lessee provides verifiable insurance documentation acceptable to the Lessor. This waiver provides limited coverage for damage due to Acts of God or normal wear and tear only. It does not cover damage due to negligence, misuse, theft, vandalism, or other causes not classified as Acts of God. To decline the waiver, Lessee must provide acceptable proof of insurance; if such proof is not provided or is deemed inadequate, Lessee remains fully responsible for all loss or damage to the equipment, regardless of cause.
Maintenance:
Lessee shall keep equipment clean and in good order, performing routine maintenance. No unauthorized alterations allowed.
Return Condition:
Equipment must be returned in the same condition as received, excluding ordinary wear and tear.
Charges:
Metered time over standard hours and mileage are additional charges. Lessee returns equipment with full fuel/fluids.
Payment:
All amounts are due per invoice with agreed net terms. Late payments bear interest at 1.5% per month after due date. Credit cards may be charged for sums due.
Taxes:
Lessee pays all taxes unless proof of exemption is provided.
Default:
Default occurs for non-payment, misstatements, failure to return equipment, breach of contract, or inadequate insurance. Lessor can terminate the contract and demand all amounts due, plus costs and attorney's fees.
Inspection and Repossession:
Lessor can inspect and repossess equipment if Lessee breaches obligations or in case of an emergency. Lessee waives redress rights. Lessee may be billed for the equipment value if repossession fails.
Damages:
Lessee is responsible for damage beyond ordinary wear and tear. Lost equipment must be reported within 24 hours. Lessee cannot repair equipment without consent and must pay repair or replacement costs as determined by Lessor.
Assumption of Risk and Indemnification:
LESSEE ASSUMES ALL RISKS DURING THE RENTAL PERIOD AND INDEMNIFIES LESSOR AGAINST ALL CLAIMS, FINES, OR LIABILITIES, INCLUDING THOSE FROM LESSEE’S EMPLOYEES, EXCEPT IN CASES OF LESSOR’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
No Warranties:
LESSEE HEREBY ACKNOWLEDGES AND AGREES THAT THE EQUIPMENT IS TO BE RENTED ON AN "AS-IS, WHERE IS" BASIS, ENCOMPASSING ALL FAULTS AND WITHOUT ANY RECOURSE AGAINST THE LESSOR. THE LESSOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, ALL IMPLIED WARRANTIES OF ANY TYPE, PURPOSE, OR KIND, ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, AND ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. FURTHERMORE, THE LESSOR HEREBY DISCLAIMS ANY OBLIGATIONS OR LIABILITIES ARISING FROM ANY STATUTE, WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR NEGLIGENCE. THE LESSEE AFFIRMS THAT IT IS NOT RELYING ON ANY REPRESENTATIONS BY THE LESSOR REGARDING THE SUITABILITY OF THE EQUIPMENT FOR THE LESSEE'S INTENDED USE OR ITS FREEDOM FROM DEFECTS IN DESIGN, MANUFACTURE, CAPACITY, MATERIALS, PERFORMANCE, OR WORKMANSHIP. THE LESSOR FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO THE LESSEE OR ANY THIRD PARTIES DUE TO, OR AS A RESULT OF, ANY DEFECTS, LATENT OR OTHERWISE, IN OR ASSOCIATED WITH THE EQUIPMENT.
Limitation of Liability:
Lessor is not liable for any indirect, incidental, or consequential damages. Lessor’s total liability is limited to rental charges paid. Lessee waives UCC 2A-503 and 2A-508-522 rights, as allowed by Florida law.
Lessor’s Rights and Remedies:
Upon default, all sums are due immediately with interest. Lessor may recover costs and attorney’s fees. Remedies are cumulative.
Lessor in Default:
Lessor is not in default until given a reasonable cure period. Not liable for force majeure events.
Survival and Severability:
Any terms that by their nature should survive termination shall remain in effect, including indemnification, remedies, and waivers. If any provision is held invalid, the remainder of this contract remains enforceable.
Miscellaneous Contract Terms:
This agreement is governed by Florida law and any disputes shall be resolved in Collier County, Florida. Electronic signatures are valid. The Lessor may assign this contract and its rights at any time without the Lessee’s consent. Lessee’s rights in any equipment leased from a third-party owner are subordinate to the rights of that owner.
SMS CONSENT:
Lessee agrees to receive SMS messages regarding their account, deliveries, or service updates and can unsubscribe at any point. B&B Services will not disclose mobile details for marketing purposes.