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1. (a) The “Company” RENTACRATE ENTERPRISES, LLC., its subsidiaries and affiliates. (b) The “Customer” means the person or company renting all equipment. (c) The “Equipment and Services” means crate containers, carts, dollies, trucks and other equipment, all accessories and additions thereto and all replacements and renewals thereof, which the Company has agreed to rent to the Customer and other services provided by Company mutually agreed to by Customer
2. All and any business undertaken by the Company is subject to the conditions hereinafter set out, each of which shall be deemed to be incorporated in and to be a condition of any agreement between the Company and the Customer. No agent or employee of the Company has the Company’s authority to alter or vary these conditions.
3. The Company agrees to supply the Equipment in fully serviceable condition. The Customer must check the Equipment against delivery invoices and notify the Company of any shortage or damage within 24 hours of delivery. In the absence of any such notification the Customer will be deemed to be satisfied with the quantity and condition of the Equipment, and that it is suitable for the purpose required.
4. The Customer may either: (a) Collect the Equipment from the Company or such other location and at such time as the Company shall designate, or (b) Request the Company to deliver the Equipment to the Customer’s premises. In this case, three (3) working days’ notice is required, and the Customer will be liable for delivery charges in accordance with the Company’s normal rates available on request.
5. Equipment must be returned to the Company at the expiration of the rental period, either: (a) by the Customer effecting delivery to the Company. If the return date has not been agreed upon, then the Company must have twenty-four (24) hours’ notice of the return of the Equipment, or (b) by the Customer requesting the Company to collect the Equipment. In this case, a minimum of three (3) days’ notice is required and the Company’s normal collection charges as in Clause 4 (b) above will apply. Equipment shall only be treated as having been returned if the Company shall have issued a return slip to the Customer. (c) In the event that Equipment is not returned by any agreed date the rental charges continue to apply until the Equipment is returned.
6. NO REPRESENTATION OR WARRANTY WHATSOEVER OF ANY KIND HAS BEEN OR IS GIVEN OR MADE BY OR ON BEHALF OF THE COMPANY IN RELATION TO THE QUALITY OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE AND ALL CONDITIONS OR WARRANTIES WHETHER STATUTORY OR OTHERWISE, WHETHER EXPRESS OR IMPLIED, WHETHER COLLATERAL OR ANTECEDENT HERETO OR OTHERWISE AND WHETHER IN RELATION TO THE FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR THE DESCRIPTION STATE, QUALITY OR CONDITION OF THE EQUIPMENT ON DELIVERY OR AT ANY OTHER TIME ARE HEREBY EXPRESSLY EXCLUDED AND EXTINGUISHED.
The Customer expressly agrees that it rents the Equipment “as is”. The Company shall be under no liability for any loss or damage or consequential loss or damage whatsoever (including delay in delivery) with respect to or arising out of or in conjunction with the Equipment or any part of parts thereof howsoever caused. The Customer assumes the risk of liability arising from or pertaining to the possession, operation or use of the Equipment. The Customer shall indemnify and hold the Company harmless against all claims, demands, damages, liabilities, or costs arising out of the use, possession or operation of the Equipment.
7. The Customer shall be liable for payment of the rental charges as of the date of delivery of the Equipment to the Customer or to wherever the Customer directs and shall be responsible for maintaining it in good condition (save for reasonable wear and tear) until it is returned to the Company or to whom the Company may direct. Rental charges are calculated from the date of delivery to the day of physical return, and rental charges will apply to any subsequent delivery dates for additional equipment in the event of additional equipment needed and or requested by customer due to change in scope from original order from the additional delivery date to the date of physical return.
8. If the Equipment is damaged during the rental term, the Customer must immediately notify the Company who will perform or cause to be performed the necessary repairs. If such damage was not the result of reasonable wear and tear, the cost of such repairs will be paid by the Customer. The Customer shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances, and regulations in any way relating to the possession, use or maintenance of the Equipment.
9. The rental charges are net and shall be due and payable upon receipt of the Company’s invoice. In the event invoices become past due, the Company reserves the right to charge interest on the past due balance at the maximum allowable rate permitted. The Customer is responsible for all reasonable collection and attorney fees if outside collection services are utilized to effect collection of monies due. Checks that are returned due to insufficient funds are subject to a fee of twenty-five dollars and No/100 ($25.00).
10. In the event of Equipment being lost or damaged beyond reasonable repair, while in the possession or control of the Customer or not being returned within one (1) month of any return date agreed upon or stipulated by the Company (or any extension thereof agreed in writing by the Company), the Company shall be entitled at any time, to invoice the Customer for and the Customer shall be liable to pay the replacement value of such Equipment in accordance with the Company’s current replacement list. Payment of such price shall not affect any rights of the Company or liabilities of the Customer existing at the dates of invoicing. Legal title to the Equipment remains at all times with the Company and the Equipment must be returned to the Company in any event, even if the said price has been paid.
11. In the event of the Equipment not being returned at the end of the rental period, the Customer agrees to pay the Company on demand all expenses, costs and charges whatsoever incurred by or on behalf of the Company in ascertaining the whereabouts of the Customer or the Equipment or any part thereof or in taking possession of the same. The Customer will also repay to the Company all costs and charges and expenses incurred by reason of any breach of the Agreement by the Customer.
12. The Customer shall have no right of property in the Equipment except the right to use the Equipment in accordance with the terms and conditions set forth herein.
13. As it pertains to services rendered by Company, the customer agrees that upon acceptance of proposal for such services to be liable for all charges in accordance with proposal. Customer acknowledges that it may, at its own discretion, provide Company with a purchase order, however, acceptance of proposal, even in email form, will be deemed acceptance. In the event there is a change order (CO) from original scope of services in original proposal, all COs will be presented to Customer prior to performing such services and agreed upon with Customer. The same application of acceptance per above will apply to all change orders, including verbal acceptance in the event that such change orders occur outside normal business hours and occur at job or project site.
14. This agreement may be terminated by the Company on the happening of any of the following events, namely: (a) The Customer having failed to pay any charges hereunder within seven (7) days of this agreement become due (whether demanded or not) or if the Customer shall seek protection under the bankruptcy laws (other than as a creditor) or if the Customer shall be unable to pay its bills as they become due or otherwise insolvent, then in each and every such case this agreement may be terminated by the Company. No payment subsequently accepted by the Company shall in any way prejudice or affect the operation of this clause. In the event the agreement is terminated under this clause, the Customer shall thereafter no longer be in possession of the Equipment with the Company’s permission or consent. The Company may, without notice, retake possession of all of the Equipment and for that purpose, enter upon any premises belonging to or in occupation or control of the Customer. (b) In addition, in the event of a default by the Customer, (defined as any event described in paragraph 14 (a)), the Company may pursue all the rights and remedies accorded the Company under such circumstances, including but not limited to any remedy at law or in equity.
15. Except as provided in Paragraph 15 hereof, the Customer agrees that under no circumstances shall the Customer sublease, rent, hire, lend, assign, pledge, encumber or otherwise part with possession of the Equipment.
16. Subject to the prior written consent of the Company in its sole discretion, the Customer may assign this Agreement to a subsequent customer, provided, however that (a) The Customer in these circumstances shall act as agent for the Company but shall not be entitled to any remuneration therefore; (b) The Customer’s authority shall not extend beyond that necessary to constitute the subsequent customer a Customer under the terms and conditions hereof; (c) The subsequent customer shall make payment of all charges hereunder to the Company from the date a subsequent or extended rental begins, and shall be bound by all the conditions of this Agreement; and (d) The original Customer remains liable for all payments, charges and other Customer obligations herein.
17. No forbearance or indulgence shown or granted by the Company to the Customer (being the sole Customer or any one or more joint Customers hereunder) in any regard whosoever shall constitute a waiver of any of the conditions to be performed by that or any other Customer or in any way affect, diminish, restrict or prejudice the rights and powers of the Company.
18. Where there are two or more parties to this Agreement as Customers their liabilities hereunder shall be joint and several.
19. Confession of Judgment. For value received and forthwith on every default, upon five (5) days written notice to Customer, the Customer hereby empowers any attorney of any court of record within the United States or elsewhere, to appear for Customer and after one or more declarations filed, confess judgment against Customer, and in favor of Company, its successors or assigns, as of any term of the sum by reason of said default or breach of covenant, with costs of suit and attorney’s commission equal to five percent (5%) of the amount due hereunder; and in case of the violation of any of the covenants or agreements in the lease by Customer, the said Customer further, at the option of the said Company, authorizes and empowers any such attorney either in addition to or without such judgment for the amount due according to the terms of this lease, to appear and confess judgment forthwith against Customer and in favor of Company in an action for possession of the Equipment above described, with all the conditions, fees, releases, waivers of stay or execution and exemption to accompany said confession of judgment for said sums due; and authorizes the entry of such action, confession or judgment therein, and the immediate issuing of a writ of possession and writ of execution for the amount of such judgment and costs, without leave of court. It is hereby acknowledged that the confession of judgment provisions contained in this article, which effect and waive certain legal rights of the undersigned Customer, have been read, understood and voluntarily agreed to.
20. This is a Pennsylvania Agreement. The parties to the Agreement agree to be bound by Pennsylvania law. If there is a dispute between the parties, the parties shall bring the action in the County of Allegheny, Commonwealth of Pennsylvania, with Pennsylvania law applying. This Agreement shall be governed, construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania.
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