5450 23rd St E, Columbus, Nebraska
These Terms of Service constitute a legally binding agreement between you and Company (together with its affiliates, "Company”, "we,” "our” or "us”) governing your use of our products, services, and website (the "Site” and collectively with the foregoing, the "Services”).
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE” OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. These Terms of Service are effective as of the date you first click "I agree” (or similar button or checkbox) or use or access the Services, whichever is earlier. If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms of Services; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent. In such event, "you” and "your” will refer and apply to your employer or such other legal entity.
Any personal data you submit to the us or which we collect about you is governed by our Privacy Policy available at (the Privacy Policy). You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy and the rental agreement between you and the Company (the "Lease Agreement”) are each incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this "Agreement.” In the event of any conflict between the terms of the Lease Agreement and these Terms of Service, the terms of these Terms of Service shall govern.
1. DEFINITIONS. “Authorized Individuals” are those individuals that Customer directly or indirectly allows to use the Equipment, are properly trained to use the Equipment and are not under the influence of any drugs, alcohol, substances or otherwise impaired. “Customer” is identified on the front side hereof and includes any of its representatives, agents, officers, employees or anyone signing this Contract on its behalf. “Equipment” is the equipment
and/or services identified on the front side hereof, together with all replacements, repairs, additional, attachments and accessories and all future Equipment rented. “Incident” is any fine, citation, theft, accident, casualty, loss, vandalism, injury, death or damage to person or property, claimed by any person or entity that appears to have occurred in connections with the Equipment. equipment is considered “Lost” when it is either stolen, its
location is unknown or 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 date of the Incident relating to the Equipment. “One Shift,” means not more than 8 hours per day and 40 hours per week. “Ordinary Wear and Tear” means normal deterioration considered reasonable in the equipment rental industry for One Shift use.. “Rental Period” commences when
the Equipment is delivered to Customer or the Site Address and continues until the Equipment is returned to the Store of picked up by H2 Equipment, LLC, LLC during normal business hours, provided Customer has otherwise complied with this Contract. “RPP” is the rental protection plan described in Section 10. “Site Address” is the location that Customer represents the Equipment will be located during the Rental Period (identified on the front side
hereof). “Store is the H2 Equipment, LLC, LLC Location identified on the front side hereof. “H2 Equipment, LLC” is H2 Equipment, LLC and its affiliated companies, their respective officers, directors, employees and agents.
2. TERMS. Customer’s rental of Equipment is conditioned upon Customer’s agreement with the Contract and all of its terms. Customer’s execution of this Contract or taking possession of the Equipment shall be deemed acceptance of the terms herein. All of the terms herein (including on the front side of this Contract) are incorporated into this and all past and future contracts between H2 Equipment, LLC and Customer upon Customer’s receipt of H2 Equipment, LLC under those contracts. Any reference in Customer’s purchase order or other Customer document to other terms that shall control this transaction shall be void. Customer rents the Equipment from H2 Equipment, LLC pursuant to this contract. Customer shall pay H2 Equipment, LLC the rental rates (including any minimum rental on the front side hereof) and other charges described herein when due, return the Equipment to H2 Equipment, LLC as required herein and otherwise comply with this Contract. This Contract is a true lease. The Equipment (a) is and shall remain the personal property of H2 Equipment, LLC and (b) shall not be affixed to any other property.
3. PERMITTED USE. Customer agrees that H2 Equipment, LLC has no control over the manner in which the Equipment is operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits. Customer warrants that: (a) prior to each use, Customer shall inspect the Equipment to confirm that it is in good condition, without defects, includes readable decals and operating and safety instructions and is
suitable for Customer’s intended use; (b) any apparent agent at the Site Address is authorized to accept delivery of the Equipment (and if the Customer requests, Customer authorizes H2 Equipment, LLC at the Site Address without requirement of written receipt) (c) Customer shall immediately notify H2 Equipment, LLC if the Equipment is Lost, damaged, unsafe disabled, malfunctioning, levied upon, threatened with seizure, or if any Incident occurs; (d) Customer has received from H2 Equipment, LLC all information needed or requested regarding the operation of the Equipment; (e) H2 Equipment, LLC is not responsible for providing operator or other training unless Customer specifically requests in writing and H2 Equipment, LLC agrees to provide such training (Customer being responsible to obtain all applicable desires prior to the Equipment’s use); (f) only Authorized Individuals shall use and
operate the Equipment; (g) the Equipment’s use shall be in a careful manner, in compliance with all operating and safety instructions provided on, in or with the Equipment’s and all applicable federal, state, and local laws, permits and licenses, including but not limited to OSHA, as revised; and (h) the Equipment shall be kept in a secure location.
4. PROHIBITED USE. Customer shall not (a) alter or cover up any decals or insignia on the Equipment or remove any operational or safety equipment or instructions; (b) assign its rights under this Contract; (c) move the Equipment from the Site Address without H2 Equipment, LLC written consent; (d) use the Equipment in a negligent, illegal unauthorized or abusive manner, or in any publication (print, audiovisual or electronic); or (e) allow the use of the
Equipment by any unauthorized individual (Customer acknowledging that the Equipment may be dangerous if used improperly or my untrained parties).
5. MAINTENANCE. Customer shall perform routine maintenance on the Equipment, including routine inspection and maintenance of fuel and oil levels, grease, cooling system, water, batteries, cutting edges, and cleaning in accordance with the manufacturer’s specifications. All other maintenance or repairs may only be performed by H2 Equipment, LLC or its agents, but H2 Equipment, LLC has no responsibility during the Rental Period to inspect or
perform any maintenance or repairs unless Customer requests a service call. If H2 Equipment, LLC determines that repairs to the Equipment are needed, other than Ordinary Wear and Tear, Customer shall pay the full repair charges and rental of the Equipment until the repairs are completed. H2 Equipment, LLC has the right to inspect the Equipment wherever located. Customer has the authority to and hereby grants H2 Equipment, LLC and its
agents the right to enter the physical location of the Equipment for the purposes set forth herein. H2 Equipment, LLC shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the Equipment is Customer’s exclusive remedy for H2 Equipment, LLC’s breach of this Section. Notwithstanding H2 Equipment, LLC’s service commitment, H2 Equipment, LLC shall have no obligation if
Customer breaches this Contract to stop the Rental Period, commence repairs or rent other equipment to Customer until Customer or its agent agrees to pay for such charges.
6. CUSTOMER LIABILITY. DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT. After an Incident, Customer shall (a) immediately notify H2 Equipment, LLC the police, if necessary and Customer’s insurance carriers; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until H2 Equipment, LLC, LLC or its agents investigate; (c) immediately submit copies of all police or other third party reports to H2 Equipment, LLC; and (d) as applicable, pay H2 Equipment, LLC in addition to other sums due herein, the rental rate for Equipment until the repairs are completed or Equipment replaced plus either (i) the MSLP or (ii) the full charges of repairs of
damaged Equipment. Accrued rental charges shall not be applied against these amounts. H2 Equipment, LLC shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident.
7. NO WARRANTIES. H2 Equipment, LLC does not design or manufacture the Equipment and is not the agent of those that do. H2 EQUIPMENT, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST H2 EQUIPMENT, LLC, LLC ENTITIES. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES H2 EQUIPMENT, LLC, LLC ENTITIES FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF H2 EQUIPMENT, LLC’S OBLIGATIONS HEREIN.
8. RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS H2 EQUIPMENT, LLC ENTITIES HARMLESS AND AT H2 EQUIPMENT, LLC’S REQUEST, DEFENDS H2 EQUIPMENT, LLC ENTITIES (WITH COUNSEL APPROVED BY H2 EQUIPMENT, LLC), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY’S AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, 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) USE, POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. CUSTOMER ALSO AGREES TO WAIVE ITS WORKERS 5450 E 23 RD ST, Columbus NE 68601 402-562-4009 COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. CUSTOMER’S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. All of Customer’s indemnification under this paragraph shall be joint and several.
9. INSURANCE. During the Rental Period, Customer shall maintain, at its own expense, the following minimum insurance coverage: (a) general liability insurance of not less than $1,000,000 per occurrence, including coverage for Customer’s contractual liabilities herein such as the release and indemnification clause contained in Section 8; (b) property insurance against loss by all risks to the Equipment, in 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 as required by law; and (d) automobile liability insurance (including comprehensive and collision coverage, and uninsured/underinsured 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 shall be primary, non-contributory, on an occurrence basis, contain
a waiver of subrogation, name H2 Equipment, LLC and its agents as an additional insured (including an additional insured endorsement) and loss payee, and provide for H2 Equipment, LLC to receive at least 30 days prior written notice of any cancellation or material change. Any insurance that excludes boom damage or overturns is a breach. Customer shall provide H2 Equipment, LLC with certificates of insurance evidencing the coverages required
above prior to any rental and any time upon H2 Equipment, LLC’s request. To the extent H2 Equipment, LLC Entities carry any insurance, H2 Equipment, LLC Entities’ insurance will be considered excess insurance. The insurance required herein does not relieve Customer of its responsibilities, indemnification, or other obligations provided herein, or for which Customer may be liable by law or otherwise.
10. RENTAL RATES. The total charges specified in this Contract are: (a) estimated based upon Customer’s representation of the estimated Rental Period identified herein (rental rates beyond the estimated Rental Period may change) and other information conveyed by Customer to H2 Equipment, LLC; and (b) for the Equipment’s use for One Shift, unless otherwise noted. Weekly and 4-week rental rates shall not be prorated. Rental charges accrue
during Saturdays, Sundays and holidays. The rental rates do not include and Customer is responsible for, (i) all consumables, fees, licenses, present and future taxes and any other governmental charges based on Customer’s possession and/or use of the Equipment, including 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, transportation, delivery, pickup and
surcharge fees listed in this Contract; (iii) maintenance, repairs and replacements to the Equipment as provided herein; (iv) a cleaning fee if required; (v) miscellaneous charges, such as fees for lost keys and RPP; (vi) fuel used during the Rental Period and for refueling Equipment as described below; (vii) fines for use of dyed diesel fuel in on-road Equipment; and (viii) taxes or charges. H2 Equipment, LLC collects these fees as revenue and uses them
at its discretion.
11. PAYMENT. Customer shall pay amounts due, without any offsets, in full at the time of rental, unless H2 Equipment, LLC approves Customer’s executed credit application (credit customers must pay, upon receipt of H2 Equipment, LLC’s invoice). Customer must notify H2 Equipment, LLC in writing of any disputed amounts, including credit card charges, within 15 days after the receipt of the invoice/contract or Customer shall be deemed to
have irrevocably waived its right to dispute such amounts. At H2 Equipment, LLC’s discretion, any credit account with a delinquent balance may be placed on a cash basis, deposits may be required, and the Equipment may be picked up without notice. Due to the difficulty 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 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 check returned or credit card denied per transaction payment attempt for lack of sufficient funds to compensate H2 Equipment, LLC for its overhead for processing missed payment and time spent contacting you. Deposits will only be returned after all amounts are paid in full. Customer agrees that if a credit card is presented to pay for charges or
to guarantee payment, Customer authorizes H2 Equipment, LLC to charge the credit card all amounts shown on this Contract and charges subsequently incurred by Customer, including but not limited to, loss of or damage to the Equipment and extension of the Rental Period.
12. RETURN OF EQUIPMENT. H2 Equipment, LLC may terminate this Contract at any time, for any reason. At the end of the Rental Period, the Equipment shall be returned to H2 Equipment, LLC in the same condition it was received, less Ordinary Wear and Tear and free of any hazardous materials and contaminants. Customer will continue to be responsible for rental and other charges after the Rental Period if the Equipment is not
returned in the condition required herein. If H2 Equipment, LLC delivered the Equipment to Customer, Customer shall notify H2 Equipment, LLC that the Equipment is ready to be picked up at the Site Address and obtain a Pick-Up Number, which Pick-Up Number Customer should keep as proof of the call; provided Customer remains liable for any loss, theft, damage to or destruction of the Equipment until H2 Equipment, LLC confirms that the
Equipment is returned in the condition required herein. Customer will not be charged the rental charges after the date the Pick-Up Number is given, provided Customer has otherwise complied with this Contract. No pickups occur on Sundays or statutory holidays and Saturday pickups are dependent on specific Store hours. If Customer picked up Equipment, Customer shall return Equipment to the same Store during that Store’s normal business
hours. If the Equipment is not returned by the estimated end of the Rental Period specified earlier, Customer agrees to pay the applicable rental rate
for the Equipment until the end of the Rental Period.
13. PURCHASES. If this Contract identifies any Equipment, materials or other items that is to be purchased by Customer, H2 Equipment, LLC sells and delivers such items to Customer on an “AS IS, WHERE IS” basis, with all faults and without any warranties (other than manufacturer warranties, if any) in consideration for Customer’s payment to H2 Equipment, LLC of the full purchase price of the item, H2 Equipment, LLC retains title to the item until
Customer has paid in full.
14. DEFAULT. Customer shall be in default if H2 Equipment, LLC deems itself insecure or if Customer: (a) fails to pay sums when due; (b) breaches any Section of this Contract; (c) becomes a debtor in a bankruptcy proceeding, goes into receivership, takes protection from its creditors under any insolvency legislation, ceases to carry on business, or has its assets seized by any creditor; (d) fails to insure the Equipment as required, or otherwise
places the Equipment at risk; (e) fails to return Equipment immediately upon H2 Equipment, LLC’s demand; or (f) is in default under any other contract with H2 Equipment, LLC. If a Customer default occurs, H2 Equipment, LLC shall have, in addition to all rights and remedies at law or in equity, the right to repossess the Equipment without judicial process or prior notice. Customer shall pay all of H2 Equipment, LLC’s costs, including reasonable costs of
collection, court costs, attorneys and legal fees, incurred in exercising any of its rights or remedies herein. The use of false identification to obtain Equipment or the failure to return Equipment by the end of the Rental Period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to applicable laws. H2 Equipment, LLC shall not be liable due to seizure of Equipment by order of governmental authority.
CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST H2 EQUIPMENT, LLC ENTITIES FOR SUCH REPOSSESSION.
15. ENVIRONMENTAL FEE. To promote a clean and sustainable environment, H2 Equipment, LLC takes various measures to comply with applicable environmental regulations, as well as with H2 Equipment, LLC’s own policies. H2 Equipment, LLC also incurs a wide range of environmental related expenses (both direct and indirect). These expenses may include services such as waste disposal, construction and maintenance of cleaning facilities,
acquisition of more fuel-efficient equipment, as well as, labor costs, administration costs, etc. To help defray these and other costs, H2 Equipment, LLC assesses an Environmental Fee, plus applicable taxes thereon in connection with certain rentals. The Environmental Fee is not a tax or governmentally mandated charge and is not designated for any particular use or placed in an escrow account, but is a charge that H2 Equipment, LLC collects as
revenue and uses at its discretion.
16. FUEL. For Equipment that uses fuel, - if Customer returns Equipment with less fuel than when received, Customer shall pay a refueling charge (calculated by multiplying gallons required to refill tank with fuel to level when received, by the Pay on Return per gallon rate.
17. LIMITATION OF H2 EQUIPMENT, LLC’S LIABILITY. IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, CUSTOMER AGREES THAT H2 EQUIPMENT, LLC’S LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM H2 EQUIPMENT, LLC’S, H2 EQUIPMENT, LLC ENTITIES, OR ANY THIRD PARTY’S COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT. JURY TRIAL WAIVER. IN ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS CONTRACT, CUSTOMER AND H2 EQUIPMENT, LLC HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT.
18. ARBITRATION AGREEMENT & CLASS ACTION WAIVER. AT THE ELECTION OF CUSTOMER OR H2 EQUIPMENT, LLC, ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY PERTAINING TO THIS CONTRACT SHALL BE SETTLED BY ARBITRATION BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN A PURPORTED CLASS OR REPRESENTATIVE CAPACITY, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES OR BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AND JUDGEMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR TRIED ON A CLASS ACTION BASIS.
19. COMPLIANCE WITH EXPORT AND IMPORT LAWS. Removal of the Equipment from the United States (“U.S.”) is prohibited under this Contract. If Customer desires or causes the transport and/or operation of the Equipment outside of the U.S., Customer must (a) obtain H2 Equipment, LLC’s consent prior to taking such action, and (b) execute an amendment to this Contract, which amendment is incorporated herein. If Customer exports or
re-exports without complying with the above sentence, Customer agrees that (i) the Equipment is subject to and must comply with all applicable export laws, including but not limited to the Export Administration Regulations; and (ii) Customer is responsible for: (A) determining whether and obtaining if necessary, export or re-export licenses or other authorizations as required prior to exporting or re-exporting the Equipment, (B) obtaining any required
documentation necessary for return of the Equipment, and (C) ensuring no unauthorized transfers or diversions of the Equipment occur. Refer to www.bis.doc.gov for information.
20. GOVERNING LAW. The parties expressly and irrevocably agree: (a) this Contract, including any related tort claims, shall be governed by the laws of Nebraska, without regard to any conflicts of law principles and (b) if any Section of this Contract is prohibited by any law, such Section shall be ineffective to the extent of such prohibition without invalidating the remaining Sections.
21. MISCELLANEOUS. This Contract, together with any Customer executed credit application, constitutes the entire agreement of the parties regarding the Equipment and may not be modified except by written amendment signed by the parties. Customer’s obligations hereunder shall survive the termination of this Contract. This Contract and all of Customer’s rights in and to the Equipment are subordinate to all rights, title and interest of all
persons (including H2 Equipment, LLC’s lenders) who have rights in the Equipment. Headings are for convenience only. To the extent that any terms in this Contract conflict, the parties agree that the more specific terms control. A copy of this Contract shall be valid as the original. Any failure by H2 Equipment, LLC to insist upon strict performance of any Section of this Contract shall not be construed as a waiver of the right to demand strict
performance in the future. Customer and the person signing this Contract represent that: (a) they both have full authority to execute, deliver and perform this Contract and (b) this Contract constitutes a legal, valid and binding obligation of Customer, enforceable in accordance with its terms. When Customer is a buyer of Equipment, they are hereby notified that H2 Equipment, LLC has assigned its rights (but not its obligations) in the
agreement to sell the asset(s) described herein to H2 Equipment, LLC, a qualified intermediary, as part of Section 1031 exchange, and Customer shall make the payee “H2 Equipment, LLC.”