Agreement Contract Terms & Conditions
Alliance Grip Truck Rentals 2617 Corralitas Dr. , Los Angeles, Ca. 90039 | PH: 866-ALIANCE
Please read carefully . You are liable for our equipment and vehicles from the time it leaves our premisses to the time it returns and is checked in by a company representative.
1.Indemnity. Lessee/Renter (You) agree to defend, indemnity, and hold Alliance Grip Truck Rental (US) harmless from and against any and all claims, actions, causes of action, demands, rights, damages of any kind, cost, loss of profit, expenses and compensation whatsoever including court cost and attorneys fees (claims) in any way arising from, or in connection with the vehicles and equipment rented / leased (which vehicles and equipment, together, are referred to in this document as “equipment” ) , including, without limitations, as a result of its use, maintenance, or possession, introspective of the cause of the claims, from the time the Equipment leaves our place of business when you rent/lease it until the Equipment’s returned to us during normal business hours and we sign a written receipt for it the Equipment Liability of lessee. You are responsible for loss, damage or destruction of the equipment, including but not limited to losses while in transit, while loading and unloading, while at any and all locations, while in storage and while on the premises, except as follows
1. You shall not be responsible for damage or loss resulting from inherent vise, normal wear and tear, latent defect, mechanical or structural defect or breakdown due to failure on our part to perform normal, routine or scheduled maintenance.
2.Protection of Others. You will take responsible precautions in regard to the use of the equipment to protect all persons and property from injury or damage. The equipment shall be used only by your employees or agents qualified to use the equipment.
3. No Sublease. You warrant that you will not sub-rent or sublease any of the equipment without our prior written consent. 4. Equipment in working order. We have tested the equipment in accordance with reasonable industry standards and found it to be in working order immediately prior to the inception of this agreement, and to the extent you have disclosed to use all of the intended uses of the equipment, it is fit for its intended purpose. Other than what is set forth herein, you acknowledge that the equipment is rented/leased without warranty, or guarantee, except as required by law or otherwise agreed upon by the parties at the inception of this agreement.
5. Property Insurance. You shall, at your own expense, maintain stall times during the term of this agreement, all risk perils property insurance(‘Property Insurance”) covering the Equipment from all sources (Equipment Rental Floater or Production Package Policy) including coverage for, without limitation, ( theft by force, theft by fraudulent scheme and/or “voluntary parting, loss of use of the Equipment for loss of use. Coverage shall begin from the time you or your or agents pick the Equipment up at our place of business, or take delivery of the Equipment, whichever is applicable, and shall continue until the time the Equipment is returned to and accepted by us. The property Insurance shall be on a worldwide basis, shall name us as an additional insured and as the loss payee with respect to the Equipment and shall cover all risk of loss of, or damaged or destruction to the Equipment. The Property Insurance coverage shall be sufficient to cover the Equipment at its replacement value but shall, in no event, be less than $1,000,000.
6. Vehicle Insurance. You shall, at your own expense, maintain business motor vehicle liability insurance (“Vehicle Insurance” ), including coverage for loading and unloading Equipment and hired motor vehicle physical damage insurance, covering owned, non owned, hired and rented vehicles, including utility vehicles such as trailers. coverage for physical damage shall include ” comprehensive” and “collision” coverage. We shall be named as additional insured with respect to the liability coverage, and as loss payee with respect to the physical damage coverage. the vehicle insurance shall also include coverage for pollution caused by any vehicle. the vehicle insurance shall provide not less than $1,000,000. in combined single limits liability coverage and actual cash value for physical damage and shall provide that said insurance as primary coverage with respect to all insured’s, the limits of which must be exhausted before any obligation arises under our insurance.
7. Workers Compensation insurance. You shall, at your own expense, maintain workers compensation /employer’s liability insurance during the course of the Equipment rental with minimum limits of $1,000,000.
8. Liability Insurance. You shall, at your own expense, maintain commercial general liability insurance (“Liability Insurance” ) including coverage for the operation of the independent contractor and standard contractual liability coverage. The Liability Insurance shall name us as an additional insured and provide that said insurance as primary coverage with respect to all insured’s, the limits of which must be exhausted before any obligation arises under our insurance. Such insurance shall remain in effect during the course of the agreement, and shall include, with out limitations the following coverage’s, standard contractual liability, personal injury liability, completed operations, and product liability. The Liability Insurance shall provide general liability aggregate limits of not less than $2,000,000 (including the coverage specified above) and not less than $1,000,000 per occurrence.
9. Insurance Generally. All insurance maintained by you pursuant to the foregoing provisions shall contain a waiver of subrogation rights in respect of any liability imposed by this Agreement on you as against us. You shall hold us harmless from and shall bear the expense of any applicable deductible amounts and self insured retention’s provided for by any of the insurance policies required to be maintained under this Agreement. In the event of loss, you shall promptly pay the amount of the deductible amount or self-insured retention or the applicable portion thereof to us or the insurance carrier, as applicable. Not withstanding anything to the contrary contained in this Agreement, the fact that a loss may not be covered by insurance provided by you under this Agreement or, if covered, is subject to deductibles, retention’s, conditions or limitations shall not affect your liability for any loss. Should you fail to procure or pay the cost of maintaining in force the insurance specified herein, or to provide us upon request with satisfactory evidence of the insurance. We may, but shall not be obligated to, procure the insurance and you shall reimburse on demand for its cost. Lapse or cancellation of the required insurance shall be deemed lobe an immediate and automatic default of this agreement. The grant by you of a sublease of the Equipment rented/leased shall not affect your obligation to procure insurance on our behalf, or otherwise affect your obligations under the Agreement.
10. Cancellation of Insurance. You and your insurance company shall provide us with not less than 30 days written notice prior to the effective date of any cancellation or material change to any insurance maintained by you pursuant to the forgoing provisions.
11. Certificate of Insurance. Before obtaining possession of the Equipment you shall provide to us Certificates of insurance confirming the coverage’s specified above. All certificates shall be signed by an authorized agent or representative of the insurance carrier
12. Drivers. Any and all who drive the Vehicles you are renting/leasing from us shall be duly licensed, trained and qualified to drive vehicles of this type. Although we may from time to time, recommend certain qualified drivers with whom we are familiar, we do not supply drivers. You must supply and employ any driver who drives the Vehicle (even if the driver is the registered owner of the vehicle or owner of the company that owns the vehicle) and that driver shall be deemed to be your employee for all purpose and shall be covered as an additional insured on all of your applicable insurance policies.
13. Compliance With Law. Lessee hereby agrees to comply with the laws of all states in which the Equipment is transported and/or used as well as all federal and local laws, regulations, and ordinances pertaining to the transportation and use of such Equipment.
14. Valuation of Loss. Unless otherwise agreed in writing , you shall be responsible to use for the replacement cost value or repair costs of the Equipment (if the Equipment can be restored, by repair, to it’s pre-loss condition) whichever is less. if there is any reason to believe a theft has occurred, you shall file a police report. Loss of use shall be determined by the actual loss sustained by us. accrued rental charges shall not be applied against the purchase price or cost of repair of the lost, stolen or damaged Equipment.
15. Subrogation. You hereby agree that we shall be subrogated to any recovery rights you may have for damage to the Equipment rented/lease.
16. Prior Agreements. This agreement supersedes and replaces any other/prior Agreement(s) regarding the subject matter hereof. 17. Bailment. This agreement constitutes an Agreement or bailment of the Equipment and is not a sale or the creation of a security interest. You will not have , or at any time acquire, any right, title, or interest in the Equipment, except the right to possession and use as provided for in this Agreement. We will at all times be the sole owner of the property.
18. Expenses. You will be responsible for all expenses, including but not limited to fuel, lubricants, and all other charges in connection with the operation of the equipment.
19. Condition of Equipment You assume all obligation and liability with respect to the possession of Equipment, and for its use, condition, and storage during the term of this Agreement except as otherwise set forth herein. You will, at your own expense, maintain the equipment in good mechanical condition and running order, allowing for reasonable wear and tear. The rent on any oft/re Equipment will not be prorated or abated while the Equipment is being serviced or repaired for any reason for which you are liable. We will not be under any liability or obligation in any manner to provide service, maintenance, repairs, or parts for the Equipment, except as otherwise specially agreed or as may be within the course and scope of employment by you. All installations, replacements, and substitutions of parts or accessories with respect to any of the Equipment will become part of the equipment and will be owned by us.
20. Right to Possession. You will be entitled to the absolute right to the use, operation, possession, and control of the Equipment during the term of this Agreement, provided you are not in default of any provision of this Agreement or subject to any security interest we may have given or may give to any third party during the term of this Agreement You will employ and have exclusive control, supervision, and responsibility over any operators or users of the Equipment, except when such operator or user of the property is us.
21. Use. You will use the Equipment in a safe and proper manner and will not permit any of the Equipment to be operated or used in violation of any applicable federal , state, or local statute,rule, or regulation relating to the possession, use, or maintenance of the Equipment. You agree to reimburse us in full for all damage to the Equipment arising from any misuse or negligent act by you, your employees, and agents. You will indemnity and hold us harmless from any liabilities, fines, forfeitures, or penalties, including our reasonable cost and attorneys fee for violations of any federal, state, or local statute, rule, or regulation.
22. Accident Reports. If any of the Equipment is damaged,lost, stolen, or destroyed, or if any person is injured or dies, or if any property is damaged as a result of its use, maintenance, or possession, you will promptly notify us of the occurrence, and will file all necessary accident reports, including those required by law and those required applicable insurers. You, your employees, and agents will cooperate fully with us and all insurers providing insurance under the Agreement in the investigation and defense of any claims. You will promptly deliver to us any documents served or delivered to you, your employees, or its agents in connection with any claim or proceeding at law or in equity begun or threatened against you, us, or both of us.
23. Default. At our option, we may, by written notice to you declare you in default on the occurrence of any of the following: (a) Failure by you to make payments or perform any of the obligations under this Agreement. (b) Institution by or against you of any proceedings in bankruptcy or insolvency, or your reorganization under any law, or the appointment of a receiver or trustee for your goods and chattels or any assignment by you for the benefit of creditors. (c) Expiration or Cancellation of any insurance policy to by paid for by you as provided for under the terms of this Agreement. (d) Involuntary transfer of your interest in this Agreement by operation of lax. After your default and on notice from us that you are in default ; we will have the following options:
(a) Terminate the Agreement and your rights under the Agreement; (b) To declare the balance of all unpaid rent and all other charges of any kind required of you under the Agreement to be payable immediately, in which event we will be entitled to the balance due together with interest at the rate often percent per annum, from the date of notification of default to the date of payment;
(c) To repossess the property without legal process free of all your rights to the property. You authorize us or our agent to enter on any premises where the property is located and repossess and remove it. You specifically waive any right of action we might otherwise have arising out of the entry and repossession, and release us of any claim for trespass or damage caused by reason of the entry repossession, or removal.
After default, you will reimburse us for all expenses of repossession and enforcement of our rights and remedies, together with interest at the rate of ten percent per annum from the date of payment. Notwithstanding any other provisions of this Agreement; if we place all or any part of our claim against you in the hands of an attorney for collection, the prevailing party will pay, in addition to other sums that may be awarded, the other party’s reasonable attorneys fees and cost. Our remedies will be cumulative to the extent permitted by law, and maybe exercised partially, concurrently, or separately. The exercise alone remedy will not be deemed to preclude the exercise of any other remedy. 24. Return. Upon the expiration date of this Agreement with respect to any or all Equipment, you will return the property to us, together with all accessories, free from all damage and in the same condition and appearance as when received by you, allowing for ordinary wear and tear. 25. No Encumbrance. You will not pledge, encumber, create a security interest in, or permit a lien to become effective on any of the Equipment. If any of these events takes place, you will be deemed to be in default at our option. You will promptly notify us of any liens or other encumbrances of which you have knowledge. You will promptly pay or satisfy any obligation from which any lien or encumbrance arises, and will otherwise keep the property and all title and interest free of any liens and encumbrance. You will deliver to us appropriate satisfaction, waivers and evidence of payment.
26. Additional Equipment. Additional equipment may from time to time be added as the subject matter of this Agreement as agreed on by the parties. Any additional property will be added in an amendment describing the property, the monthly rental, security deposit, and stipulated loss value of the additional Equipment. All amendments must be in writing and signed by both parties. other than by this amendment procedure, this Agreement may not be amended, modified, or altered in any manner except in writing by both parties.
27. Entire Agreement. This Agreement and any attached schedules, which are incorporated by reference and made an integral part of the Agreement, constitute the entire agreement between the parties. No agreements, representations, or warranties other than those specifically set forth in this agreement or in the attached schedules will be binding on any of the parties unless set forth in writing and signed by both parties.
28. Arbitration. any controversy or claim, including any claim of misrepresentation, arising out of or related to this Agreement or breach of this Agreement will be settled by arbitration, in Los Angeles, California. The arbitration will be conducted by a single arbitrator under jurisdiction of and the then current rules of the American Arbitration Association. the decision and award of the arbitrator will be the final binding and any award may be entered in any court having jurisdiction. The prevailing party in any such arbitration shall be entitled to an award of reasonable attorney’s fees and cost in addition to any other relief granted.
29. Sever ability. if any provision of this Agreement or the application of any of its provisions to any party or circumstance is held invalid or unenforceable, the reminder of this agreement, and the application of those provisions to the other parties or circumstances, will remain valid and in full force and effect.
We Agree To The Above Terms And Conditions
AUTHORIZED REPRESENTATIVE OF LESSEE:
( PRINT ) ( SIGN )
AUTHORIZED REPRESENTATIVE OF LESSOR: ANTHONY GIORDANO
( ALLIANCE GRIP TRUCK RENTALS ) ( PRINT ) ( SIGN )