1919 112TH ST SW 2019-08-20 - Laserfiche WebLink

SUNBELT ADDITIONAL TERMS AND CONDITIONS I. DEFINITIONS. "Authorized Individuals"are those individuals that Customer directly or indirectly allows to use the Sunbelt);(Y)due to Acts of God,such as floods,wind,storms or earthquakes;and(Z)accessories or Equipment for which Customer is Equipment,are properly trained to use the Equipmatt and are not under the influence of any drags,alcohol,substances or otherwise not charged the RPP fee. THE EXCLUSIONS REMAIN THE LIABILITY OF CUSTOMER AND ARE NOT MODIFIED BY impaired. 'Customer"is identified on the front side hereof and includes any of its represematives,agents,officers,employees or THE RPP.Notwithstanding anything to the contrary in this Contract,if Lost Equipment is later recovered,Sunbelt retains ownership of anyone signing this Contract on its behalf."Equipment is the equipment and/or services identified on the front side hereof together the Equipment regardless of any payments made by Customer or Customer's insurance company with respect to such Equipment,ail of with all replacements,repairs,additions,attachments and accessories and all future Equipment rented."Incident"is any fine,citation, which payments are non-refundable.Customer agrees to promptly return any Equipment that is recovered.Sunbelt shaltsubrognte:l theft,accident,casualty,loss,vandalism,injury,death or damage to person or property,claimed by any person or entity that appears to to Customer's rights to recover against any person or entity relating to any loss,theft,damage or destruction to the Equipe t. CustJA.a have occurred in connection with the Equipment.Equipment is considered"Lost"what it is either stolen,its location is unknown or shall cooperate with,assign Sunbelt all claims and proceeds arising from such loss,theft,damage or destruction,execute and deliv¢to Customer is unable to recover it for a period of 30 days."MSLP"is the Equipment manufacturer's suggested list price on or about the Sunbelt whatever documents are required and take all other necessary steps to secure in Sunbelt such rights,at Customer's•ekpense. date of the Incident relating to the Equipment."One Shift,"means not more than 8 haps per day and 40 hours pa week."Ordinary 11. RENTAL RATES.The total charges specified in this Contract are:(a)estimated based upon Casslomer's representation of the Wear.and Tear"means normal deterioration considered reasonable in the equipment rental industry for One Shift use."Pick-Up estimated Rental Period identified on the front side hereof(rental rates beyond the estimated Rental Period may change)and other Number"is the number Customer obtains from Sunbelt evidencing the Customer's call to pick up Equipment."Rental Period" information conveyed by Customer to Sunbelt;and(b)for the Equipment's use for One Shift,unless otherwise noted.Weekly and 4 commences when the Equipment is delivered to Customer or the Site Address and continues until the Equipment is returned to the Store week rental rates shall not be prorated.Rental charges accrue during Saturdays,Sundays and holidays.The rental rates do not include or picked up by Sunbelt during normal business hours,provided Customer has otherwise complied with this Contract."RPP"is the and Customer is responsible for,in addition to all rental rates and other charges shown in this Contract,(i)all consumables,fees,licenses, rental protection plan described in Section 10."Site Address"is the location that Customer represents the Equipment will be located present and futare taxes andany other governmental charges based on Customer's possession and/or use of the Equipment,including.. during the Rental Period(tdentifled on the front side hereof)."Store"is the Sunbelt location ide tilted on the front side hereof additional fees for more than One Shift use;(ii)delivery and pickup charges to and from the Store,including but not limited to any freight, "Sunbelt"is Sunbelt Rentals,Inc."Sunbelt Entities"is Sunbelt and its affiliated companies,their respective officers,directors, transportation,delivery,pickup and surcharge fees listed in this Contract;(iii)maintenance,repairs and replacements to the Equipment as employees and agents. provided herein;(iv)a cleaning fee if required;(v)miscellaneous charges,such as fees for lost keys;(vi)fuel used during the Rental 2. TERMS.Customer's rental of Equipment is conditioned upon Customer's agreement with this Contract and all of its terms. Period and for refueling Equipment as described below;(vii)fines for use of dyed diesel fuel in on-road Equipment;and(viii)an Customer's execution of this Contract or taking possession of the Equipment shall be deemed acceptance of the tens herein.All of the Environmental Fee(described below).The convenience charge for off road diesel Wel does not include governmental motor mel taxes or tams herein(including on the front side oft is Contract)are incorporated into this and all past and future contracts between Sunbelt and charges.Sunbelt collects these fees as revenue and uses them at its discretion. Customer upon Customer's receipt of Sunbelt's Equipment under those contracts.Any reference in Customer's purchase order or other 12. PAYMENT. Customer shall pay amounts due,without any offsets,in full at the time of rental,unless Sunbelt approves Customer document to other tams that shall control this transaction shall be void.Customer rents the Equipment from Sunbelt pursuant Customer's executed credit application(credit customers must pay,upon receipt of Sunbelt's invoice).Customer must notify Sunbelt in to this Contract.Customer shall pay Sanbelt the rental rates(including any minimum rental on the front side(hereof)and outer charges writing of any disputed amounts,including credit card charges,within 15 days after the receipt of the invoice/contract or Customer shall described herein when due,return the Equipment to Sunbelt as required herein and otherwise comply with fins Contract.This Contract be deemed to have irrevocably waived its right to dispute such amounts.At Sunbelt's discretion,any credit account with a delinquent is a nue lease.The Equipment(a)is and shall remain the personal property of Sunbelt and(b)shall not be affixed to any other property. balance may be placed on a cash basis,deposits may be required and We Equipment may be picked up without notice.Dueto the difficulty 3. PERMITTED USE.Customer agrees that Sunbelt has no control over the mauner in which the Equipment is operated during the in fixing actual damages caused by late payment,Customer agrees that a service charge equal to the lesser of 1.5%per month or the Rental Period by Customer or any third party that Customer implicitly or explicitly permits.Customer warrants that:(a)prior to each use, maximum rate permitted by law shall be assessed on all delinquent accounts,until paid in full.Customer shall pay a fee of$75 for each Customer shall inspect the Equipment to confirm that it is in good condition,without defects,includes readable decals and operating and check return.'for lack of sufficient fords to compensate Sunbelt for its overhead for processing missed payment. Deposits will only be safety insintctions and is suitable for Customer's intended use;(b)any apparent agent at the Site Address is authorized to accept delivery returned after all amounts are paid in fitll.Customer agrees that if a credit card is presented to pay for charges or to guarantee payment, of the Equipment(and if Customer requests,Customer authorizes Sunbelt to leave the Equipment at the Site Addtress without requirement Customer authorizes Sunbelt to charge the credit card all amounts shown on this Contract and charges subsequently incurred by Customer, of written receipt);(c)Customer shall immediately notify Sunbelt tithe Equipment is Lost,damaged,unsafe,disabled,malfunctioning, including but not limited to,loss of or damage to We Equipment and extorsion of the Rental Period. levied upon,threatened with seizure,or if any lucadast occurs;(al)Catatomer tans received from Sunbelt all information needed or requested 13. RETURN OF EQUIPMENT.Sunbelt may terminate this Contract at any time,for any reason.At the ase ofthe Rental Period, regarding the operation of the Equipment;(e)Sunbelt is not responsible for providing operator or other training unless Customer the Equipment shall be reamed to Sunbelt in the same condition it was received,less Ordinary Wear and Tear and free of any Itazardons specifically requests in writing and Sunbelt agrees to provide such training(Customer being responsible to obtain all training that Customer materials and contaminants.Customer will continue to be responsible for rental and other charges after the Rental Period if We Equipment desires prior to the Equipment's use);(I)only Authorized Individuals shall use and operate the Equipment(g)the Equipment's use shall is not returned in the condition required herein.If Sunbelt delivered the Equipment to Customer,Customer shall notify Sanbell that the be in a carefitl manner,in compliance with all operating and/safety instructions provided on,in or with the Equipment and all applicable Equipment is ready to be picked up at We Site Address and obtain a Pick-Up Number,whist Pick-Up Number Customer should keep as federal,state and local laws,permits and licenses,inclmlmg but not limited to,OSHA,as revised;and(h)the Equipment shall be kept in proof of the call;provided Customer remains liable for any loss,theft,damage to or destruction of the Equipment until Sunbelt confirms a secure location. that the Equipment is returned in We condition required herein.Customer will not be charged therental charges after the date We Pick-Up 4. PROHIBITED USE.Customer shall not(a)alter or cover up any decals or insignia on We Equipment or remove any operational or Number is given,provided Customer has otherwise complied with this Contract.No pickups occur on Sundays or staluton,holidays rural safety equipment or instructions;(b)assign its rights order this Contract;(c)move the Equipment from the Site Address without Sunbelt's Saturday pickups are dependent on specific Store hours.If Customer picked up Equipment,Customer shall renin Equipment to tire same written consent;(d)use the Equipment in a negligent,illegal,unauthorized or abusive manner,or in any publication(prat,audiovisual Store during that Store's normal business hours.lithe Equipment is not returned by the estimated end of the Rental Period)specifies'on or electronic);or(e)allow the use of the Equipment by any unauthorized individual(Customer acknowledging that the Egntpmat may the front sidle hereof,Customer agrees to pay the applicable rental rate for the Equipment until the end of the Rental Period. he dangerous if used improperly or by untrained parties). 14. PURCHASES:If this Contract identifies any Equipment,materials or other items that is to be purchases'by Customer, 5. MAINTENANCE.Customer shall perform routine maintenance on the Equipment,including routine inspections and maintenance - Sunbelt sells and delivers such items to Customer on an"AS IS,WHERE IS"basis,with all faults and without any warranties(other of fuel and oil levels,grease,cooling system,water,batteries,cutting edges,and cleaning in accordance with the manufactarer's than manufacturer warranties,if any)in consideration for Customer's payment to Sunbelt of the fell purchase price of the item,Sunbelt specifications,All other maintenance or repairs may only be performed by Sunbelt or its agents,but Sunbelt has no responsibility during retains title to the item until Customer has paid in full. the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call.If Sunbelt determines that 15. DEFAULT.Customer shall be in default if Sunbelt deems itself insecure or if Customer:(a)fails to pay sums when due;(b) repairs to the Equipment are needed,other than Ordinary Wear and Tear;Customer shall pay the full repair charges and rental of the breaches.any Section of this Contract;(c)becomes a debtor in a bankruptcy proceeding,goes into receivership,lakes protection from its Equipment until the repairs are completed.Sunbelt has the right to inspect the Equipment wherever located.Customer has the authority creditors under any insolvency legislation,ceases to canyon business, or has its assets seized by any creditor;(d)fails to lona the to and hereby grants Sunbelt and its agents the right to enter the physical location of the Equipment for the purposes set forth herein. Equipment as required,or otherwise:places the Equipment at risk;(e)fails to return Equipment immediately upon Sunbelt's demand;lar Sunbelt shall be responsible for repairs needed because of Ordinary Wear and Tear.Customer agrees that repair or replacement of the (f)is in default under any other contract with Sunbelt.If a Customer default occurs,Sunbelt shall have,in addition to all rights and Equipment is Customer's exclusive remedy for Sunbelt's breach of this Section.Notwithstanding Sunbelt's service commitment,Sunbelt re metes at law or in equity,the right to repossess the Equipment without judicial process or prior notice.Customs shall pay all of shall have no obligation if Customer breaches this Contract to stop the Rental Period,commence repairs or rent other equipment to Sunbelt's costs,including reasonable costs of collection,court costs,attorneys and legal fees,incurred in exercising any of its rights or Customer until Customer or its agent agrees to pay for such charges. remedies herein.The use of false identification to obtain Equipment or the failure to retum Equipment by the end-of the Rental Period 6: CUSTOMER LIABILITY.DURING THE RENTAL PERIOD,CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH maybe considered theft,subject to criminal prosecution and civil liability where permitted,pursuant to applicable laws.Sunbelt shall not THE POSSESSION,CONTROL OR USE OF THE EQUIPMENT,INCLUDING BUT NOT LIMITED TO,PERSONAL be liable due to seizure of Equipment by order of governmental authority.CUSTOMER WAIVES ANY RIGHT OF ACTION INJURY,DEATH,RENTAL CHARGES,THEFT,LOSSES,DAMAGES AND DESTRUCTION,INCLUDING CUSTOMER AGAINST SUNBELT ENTITIES FOR SUCH REPOSSESSION. TRANSPORTATION,LOADING AND UNLOADING,WHETHER OR NOT THE CUSTOMER IS AT FAULT.After an 16. ENVIRONMENTAL FEE:To promote a clean and sustainable environment,Sunbelt takes various measures to comply with Incident,Customer shall(a)immediately notify Sunbelt,the police,ifnecessary and Customer's insurance carries;(b)secure and maintain applicable environmental regulations,as well as with Sunbelt's own policies.Sunbelt also incurs a wide range ofenvirommattal related the Equipment and the surrounding premises in the condition existing at the time of such Incident,until Sunbelt or its agents investigate; expenses(both direct and indirect). These expenses may include waste disposal,construction and maintenance of cleaning facilities, (c)immediately submit copies of all police or other third party reports to Sunbelt;and(d)as applicable,pay Sunbelt,in addition to other acquisition of more fuel efficient equipment,labor costs,administration costs,etc.To help defray these and older costs,Sunbelt charges sums due herein the rental rate for Equipment until the repairs are completed or Equipment replaced plus either(i)the MSLP or(ii)the an environmental fee,plus applicable taxes thereon in connection with certain rentals.The fee is not a tax or governmentally mandated full charges of repairs of damaged Equipment.Accrued rental charges shall not be applied against these amounts.Sunbelt shall have the charge.The fee is not designated for any particular use or placed in an escrow account,but is a fee that Sunbelt collects as revenue and immediate right,but not obligation,to reclaim any Equipment involved in any Incident. uses at its discretion. 7. NO WARRANTIES. Sunbelt does not design or manufacture the Equipment and is not the agent of those that do. SUNBELT 17. FUEL.For Equipment that uses the/,Customer has three options:(a)Prepay("No Sweat")Fuel Option-Customer may purchase DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,EXPRESS OR IMPLIED,WITH RESPECT TO THE a full tank of fuel for the Equipment at the start of the rental,in which case a"convenience charge"will appear on this Contract(calculated EQUIPMENT,ITS DURABILITY,CONDITION,MERCHANTABILITY,OR FITNESS FOR ANY PARTICULAR PURPOSE. by multiplying the estimated fuel capacity of Equipment by We Prepay per gallon rate).As an added benefit,Customer may return We CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN"AS IS,WHERE IS"BASIS,WITH"ALL Equipment 111 of fuel and the convenience charge will be refunded(however,if not returned full,Customer will not obtain any credit for FAULTS"AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST SUNBELT ENTITIES. CUSTOMER ASSUMES fuel left in the Equipment upon return);(b)Par on Return Option-if Customer returns Equipment with le.s fuel titan when received, ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES SUNBELT ENTITIES FROM ALL LIABILITIES Customer shall pay a refueling charge(calculated by multiplying gallons required to refill tank with fuel to level when received,by the AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND Pay on Return per gallon rate);and(c)Return Full Option—if Customer returns the Equipment with at least as much fisel as when it was CONSEQUENTIAL DAMAGES)IN ANY WAY CONNECTED WITH THE EQUIPMENT,ITS OPERATION OR USE OR received(most Sunbelt Equipment comes with a full tank of fuel,but not all),no fuel charge will be assessed.The cost of Comma ANY DEFECT OR FAILURE THEREOF OR A BREACH OF SUNBELT'S OBLIGATIONS HEREIN. refueling Equipment itself will generally be lower than the Prepay("No Sweat")Fuel Option or the Pay on Return Option;however these 8. RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER options each allow for the convenience of not refueling. INDEMNIFIES,RELEASES,HOLDS SUNBELT ENTITIES HARMLESS AND AT SUNBELT'S REQUEST,DEFENDS 18. LIMITATION OF SUNBELT'S LIABILITY.IN CONSIDERATION OF THE RENTAL OF EQUIPMENT,CUSTOMER SUNBELT ENTITIES(WITH COUNSEL APPROVED BY SUNBELT),FROM AND AGAINST ALL LIABILITIES,CLAIMS, AGREES THAT SUNBELT'S LIABILITY UNDER THIS CONTRACT,INCLUDING ANY LIABILITY ARISING FROM LOSSES,DAMAGES,AND EXPENSES(INCLUDING ATTORNEY'S AND/OR LEGAL FEES AND EXPENSES)HOWEVER SUNBELT'S,SUNBELT ENTITIES,OR ANY THIRD PARTY'S COMPARATIVE,CONCURRENT,CONTRIBUTORY, ARISING OR INCURRED,RELATED TO ANY INCIDENT,DAMAGE TO PROPERTY,INJURY OR DEATH OF,ANY PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, PERSON,CONTAMINATION OR ALLEGED CONTAMINATION,OR VIOLATION OF LAW OR REGULATION CAUSED SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT. BY OR CONNECTED WITH THE(a)USE,POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE RENTAL 19. JURY TRIAL WAIVER IN ANY DISPUTE ARISING OUT OF,IN CONNECTION WITH,OR IN ANY WAY PERIOD OR(b)BREACH OF THIS CONTRACT,WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE PERTAINING TO THIS CONTRACT,CUSTOMER AND SUNBELT HEREBY KNOWINGLY,VOLUNTARILY AND NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY,THIS WAIVER BEING A MATERIAL INDUCEMENT OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY.CUSTOMER ALSO TO ENTERING INTO THIS CONTRACT. AGREES TO WAIVE ITS WORKERS'COMPENSATION IMMUNITY,TO THE EXTENT APPLICABLE.CUSTOMER'S 20. ARBITRATION AGREEMENT&CLASS ACTION WAIVER.AT THE ELECTION OF CUSTOMER OR SUNBELT, INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. All of ANY DISPUTE ARISING OUT OF,IN CONNECTION WITH OR IN ANY WAY PERTAINING TO THIS CONTRACT Customer's indemnification obligations under this paragraph shall bejoint and several. SHALL BE SETTLED BY ARBITRATION BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A 9. INSURANCE.During the Rental Period,Customer shall maintain,at its own expense,the following minimum insurance coverage: PLAINTIFF IN A PURPORTED CLASS OR REPRESENTATIVE CAPACITY,ADMINISTERED BY THE AMERCIAN (a)general liability insurance of not less than$1,0(0,0(0 per occurrence,including coverage for Customer's contractual liabilities herein ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES OR BY JAMS PURSUANT TO ITS such as the release and indemnification clause contained in Section 8;(b)property insurance against loss by all risks to the Equipment,in STREAMLINED ARBITRATION RULES AND PROCEDURES AND JUDGEMENT ON THE AWARD RENDERED BY THE an amount at least equal to the MSLP thereof,unless RPP is elected and paid for at the time of rental;(c)worker's compensation insurance ARBITRATOR(S)MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.THERE SHALL BE NO as required by law;and(d)automobile liability insurance(including comprehensive and collision coverage,and uninsured/underinsured RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR TRIED ON A CLASS ACTION BASIS. . motorist coverage),in the same amounts set forth in subsections(a)and(b),if the Equipment is to be used on any roadway.Such policies 21. COMPLIANCE WITH EXPORT AND IMPORT LAWS. Removal of the Equipment from the United Slates("U.S.")is shall be primary,non-contributory,on an occurrence basis,contain a waiver of subrogation,name Sunbelt and its agents as an additional prohibited under this Contract.If Customerdesires or causes the transport and/or operation ofteEguipment outside ofthe U.S.,Customer insured(including an additional insured endorsement)and loss payee,and provide for Sunbelt to receive at least 30 days prior written must(a)obtain Sunbelt's consent prior to taking such action,and(b)execute an amendment to this Contract,which amendment is notice of any cancellation or material change.Any insurance that excludes boom damage or overturns is a breach.Customer shall provide incorporated herein.If Customer exports orre-exports without complying with the above sentence,Customer agrees that(i)the Equipment Sunbelt with certificates of insurance evidencing the coverages required above prior to any rental and any time upon Sunbelt's request. is subject to and must comply with all applicable export laws,including but not limited to the Export Administration Regulations;and To We extent Sunbelt Entities carry any insurance,Sunbelt Entities'insurance will be considered excess insurance.The insurance required (ii)Customer is responsible for:(A)determining whether and obtaining if necessary,export or re-export licenses or other authorizations herein does not relieve Customer of its responsibilities,indemnification,or other obligations provided herein,or the which Customer may as required prior to exporting or re-exponng the Equipment,(B)obtaining any required documentation necessary for return of the be liable by law or otherwise. Equipment,and(C)ensuring no unauthorized transfers or diversions of the Equipment occur.Refer to www.bis.doc.eov for information. 10..RENTAL PROTECTION PLAN.Customer's repair or replacement responsibility in Sections 5 and 6 is modified by the RPP and 22. GOVERNING LAW.The parties expressly and irrevocably agree:(a)this Contract,including any related tort claims,shall be Sunbelt shall limit the amount Sunbelt collects from Customer for the Equipment loss,damage or destruction to the following amounts governed by the laws of South Carolina,without regard to any conflicts of law principles and(b)if any Sectioa of this Contract is for each piece of Equipment:(a)10%ofthe MSLP for Lost Equipment,up to a maximum of$500 per piece of Equipment(b)10%of prohibited by any law,such Section shall be neffective to the extent ofsuch prohibition without invalidatng the remanng Sections. the repair charges for incidental or accidattal damage to Equipment,up to a maximum of$500 per piece of Equipment;(c)charges in 23. MISCELLANEOUS.This Contract,together with any Customer executed credit application,constitutes We entre agreement of excess of$50 per tire for tirerepaimn;and(a5 nothing for the rental charges which world otherwise accrue during We period when damaged ,parties regarding the Equipment and may not be modified except by written amendment signed by the parties.Customer's obligations br destroyed Equipment is being repaired or replaced by Sunbelt or Lost Equipment is being replaced;provided however,the foregoing hereunder shall survive the termination of this Contract.This Contract and all of Customer's rights in and to the Equipment are subordinate RPP liability reduction only applies if the Conditions are satisfied and an Exclusion does not apply.The RPP is NOT INSURANCE and to all rights,title and interest of all persons(including Sunbelt's lenders)who have rights in We Equipment.Headings are for convenience does NOT protect Customer from liability to Sunbelt or others arising out of possession,control or use of the Equipment,including injury only.To We extent that any terms in this Contract conflict,the parties agree that the more specific tams control.A copy of this Contract or damage to persons or property. THE RI'?IS A CONTRACUTAL MODIFICATION OF CUSTOMER'S LIABILITY.All of shall be valid as the original.Any failure by Sunbelt to insist upon strict performance of any Section of this Contract shall not beconstrued We following"Conditions"must be satisfied for the RPP and the corresponding liability reduction 10 apply:(i)Customer accepts the RPP as a waiver of the right to demand strict performance in the funure Customer and the person signing this Contract represent that:(a)Way in advance of the rental;(ii)Customer pays 15%of the gross rental charges as the fee for die RPP(plus applicable taxes);(iii)Customer both have fill authority to execute,deliver and perform this Contract and(b)this Contract constitutes alegal,valid and binding obligation fully complies with the terms of this Contract;(iv)Customer's account is current at the time of the loss,theft,damage or destruction of of Customer,enforceable in accordance with its terms.When Customer is a buyer of Equipment,they are hereby notified that Sunbelt has We Equipment;and(v)none of the Exclusions apply.Customer assumes the Exclusion risks,meaning that if any Exclusion occurs,the assigned its rights(but not its obligations)in the agreement to sell the asset(s)described herein to Sunbelt Rentals Exchange,Inc.,a RPP does NOT reduce the liability of Customer to Sunbelt for the loss,theft,damage or destruction resulting front such Exclusion. qualified intermediary,as pan of Section 1031 exchange,and Customer shall make the payee"Sunbelt Rentals Exchange,Inc.". "Exclusions"shall mean loss,theft,damage or destruction of the Equipment:(W)due to intentional misuse;(X)caused by Lost Equipment not reported by Customer to the police within 48 hours of discovery,and substantiated by a written police report(promptly delivered to RNTOUTP2Pa(Rev 03/23/191