This Rental Agreement (“Agreement”) is entered into between Stanley Equipment Co. (“Lessor”), located at 17070 Wells Rd, Jacksonville, FL 32234, and the undersigned Lessee. This Agreement governs the rental of skid steers and mini excavators (“Equipment”) from Lessor to Lessee.
Rental Period
The rental period begins upon delivery or pickup of the Equipment and ends upon return to Lessor’s premises or as specified in the rental confirmation.
Standard usage is limited to 8 hours per day or 40 hours per week. Usage exceeding these limits incurs an hourly overage fee at 1.5 times the standard hourly rate, billed in 15-minute increments. Charges continue to accrue during malfunctions until reported and returned.
Payment Terms
Lessee shall pay the rental rate as specified in the rental confirmation. Payment is due upon signing this Agreement unless otherwise agreed in writing.
A cancellation fee of 50% of the base rental rate applies if Lessee cancels within 24 hours of the rental start time.
Equipment Condition, Inspection, and Responsibility
Lessee shall inspect the Equipment upon receipt and notify Lessor immediately of any defects or discrepancies. Failure to do so constitutes acceptance of the Equipment in good condition and waives claims for pre-existing defects.
Lessee shall return the Equipment in the same condition as received, normal wear and tear excepted. “Normal wear and tear” means minor deterioration from proper use under normal conditions and excludes damage from misuse, overload, improper maintenance, accidents, negligence, or exposure to hazardous substances.
Lessee is responsible for all damage, loss, or theft of the Equipment during the rental period, including repair or full replacement costs at market value, plus lost rental income, except as covered by the optional Damage Waiver (see Damage Waiver Policy).
A $100 flat cleaning fee will be charged if the Equipment is returned in an excessively dirty condition, as determined by Lessor.
Lessee shall perform routine maintenance, including daily inspections, fueling, lubrication, and minor repairs as per manufacturer guidelines. Lessor shall handle major repairs unless caused by Lessee’s negligence.
Prohibited Uses and Maintenance
Lessee shall not use the Equipment for illegal purposes or in hazardous environments; overload or exceed rated capacities; operate with unauthorized or untrained personnel; modify, alter, or attach items without Lessor’s written consent; sublet, assign, or transfer the Equipment without Lessor’s prior written approval; expose to corrosive materials or operate in violation of laws or manufacturer instructions.
Violation of these prohibitions voids any Damage Waiver and makes Lessee fully liable for all resulting damages.
Insurance Requirements
Lessee shall, at its own expense, maintain adequate insurance during the rental period to cover liability for bodily injury, property damage, and damage to the Equipment.
For commercial or business Lessees: Maintain Commercial General Liability insurance with limits of at least $1,000,000 per occurrence/$2,000,000 aggregate, including contractual liability; Automobile Liability insurance if Equipment is operated on public roads; and All-Risk Property insurance covering the Equipment for its full replacement value.
For individual or non-commercial Lessees (e.g., homeowners): Maintain personal liability insurance (e.g., through a homeowners’ or renters’ policy) with limits of at least $500,000 per occurrence, or purchase short-term liability coverage through Lessor at an additional fee (quoted upon request). All-Risk Property insurance for the Equipment is still required, or Lessee may opt for an enhanced Damage Waiver (see Damage Waiver Policy).
All policies shall name Lessor as an additional insured and loss payee, include a waiver of subrogation in favor of Lessor, and be primary and non-contributory. Lessee shall provide certificates of insurance to Lessor prior to taking possession of the Equipment.
Failure to provide proof of insurance allows Lessor to procure coverage at Lessee’s expense, charge a higher Damage Waiver fee, or terminate the Agreement.
Liability Disclaimer and Indemnity
To the fullest extent permitted by law, Lessee agrees that Lessor shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use, operation, possession, or failure of the Equipment, including but not limited to personal injury, death, property damage, loss of business, or any other losses, even if caused by Lessor’s negligence or strict liability. The Equipment is provided “as is” without warranties of any kind, express or implied, including merchantability or fitness for a particular purpose.
Lessee shall indemnify, defend (with counsel approved by Lessor), and hold harmless Lessor, its officers, employees, and agents from any and all claims, damages, losses, liabilities, suits, or expenses (including attorney fees and costs) arising from or related to Lessee’s possession, use, transportation, or return of the Equipment, including those caused by negligence, strict liability, or breach of warranty, except for Lessor’s sole intentional misconduct or gross negligence.
This indemnity survives termination of the Agreement.
Repossession and Remedies
Upon Lessee’s default (e.g., non-payment, breach of terms), Lessor may repossess the Equipment without notice or legal process, and Lessee waives any claims for trespass or damages related thereto.
Lessor may pursue all remedies available at law or equity, including recovery of attorney fees and costs.
Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Florida, without regard to conflict of laws principles.
Any disputes arising from this Agreement shall be resolved exclusively in the state or federal courts located in Duval County, Florida. Lessee waives any right to jury trial or class action participation.
The prevailing party in any litigation shall be entitled to recover reasonable attorney fees and costs.
Force Majeure: Neither party is liable for delays or failures due to acts of God, weather events, strikes, or other events beyond reasonable control.
This Agreement constitutes the entire understanding between the parties and supersedes prior agreements. If any provision is held invalid, the remainder shall remain enforceable.
Digital Signature
For online bookings, Lessee’s digital signature, provided through Lessor’s online platform, constitutes acceptance of this Agreement and is legally binding.
Lessee acknowledges that digital signatures have the same legal effect as handwritten signatures under Florida law.
Damage Waiver Policy
The optional Damage Waiver is available for a fee of 15% of the base rental rate (or 20% for non-commercial Lessees without property insurance proof). By purchasing the Damage Waiver, Lessee may limit liability for certain accidental damages to the Equipment, subject to the terms below. The Damage Waiver is not insurance and does not satisfy Lessee’s insurance obligations under this Agreement.
Coverage
The Damage Waiver covers accidental damage to the Equipment up to $10,000 or 25% of the Equipment’s market value, whichever is less, as determined by Lessor.
Coverage applies only to damage reported during the rental period and verified by Lessor, provided Lessee has complied with all terms of this Agreement, including maintenance and insurance requirements.
Exclusions
The Damage Waiver does not cover total loss or theft of the Equipment (Lessee must file a police report within 24 hours for theft); damage resulting from negligence, gross negligence, misuse, abuse, overload, or operation by unauthorized personnel; damage to tires, tracks, attachments, or accessories; vandalism, intentional damage, or acts of God; damage from operation in violation of this Agreement, prohibited uses, or manufacturer guidelines; or any damage if Lessee’s account is not current or if insurance proof is lacking.
Reporting Damage and Filing a Claim
Lessee must report any damage, loss, or theft to Lessor immediately, but no later than 24 hours after occurrence, by calling (904) 316-6208 or emailing rentals@stanleyequipmentco.com
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For theft or accidents involving third parties, Lessee must file a police report within 24 hours and provide a copy to Lessor.
Lessee must provide a detailed written description of the incident, including photos, witness statements, and any relevant documentation, within 48 hours.
Lessee shall fully cooperate with Lessor and its insurers in any investigation, claim, or subrogation. Failure to comply voids the Damage Waiver.
Lessor will assess the damage and determine eligibility for coverage. Lessee remains responsible for any costs exceeding the coverage limit, deductibles, or for non-covered damages. Lessee assigns to Lessor any subrogation rights related to covered damages.
General Provisions
Lessor’s acceptance of the Damage Waiver fee does not imply automatic approval of claims.
The Damage Waiver does not cover personal property, third-party claims, or reduce Lessee’s indemnity obligations.
By signing below, Lessee acknowledges they have read, understood, and agree to be bound by the terms of this Agreement and the Damage Waiver Policy (if applicable).