1. DEFINITIONS:
a. ADDITIONAL AUTHORIZED DRIVER(S) (AAD(S)) means any individual in addition to Rentee (You) who is permitted by Rentor to operate the Vehicle. This includes individuals identified on the Rental Contract as ADDITIONAL AUTHORIZED DRIVER(S) and with the permission of Rentee, includes Rentee’s spouse or domestic partner (same or opposite sex) who meets the minimum rental age and holds a valid license. An additional fee may apply.
b. CDW means Collision Damage Waiver
c. RENTAL means the Vehicle Rental Agreement and these Terms and Conditions.
d. RENTAL FEE means the total amount of daily rental fee for the term of the Rental plus any other charges for security/damage deposit, CDW, minimum insurance waiver fee, tax, or Additional Authorized Driver add on fee.
e. RENTEE means YOU.
f. RENTOR means Matran, Inc. or its affiliates
g. VEHICLE means the “ORIGINAL VEHICLE” or any replacement vehicle(s), inclusive of the Vehicle as equipped and furnished by the manufacturer and any equipment added by Rentor.
2. TERM OF RENTAL: This Rental shall commence on the Commencement Date stated the Rental Agreement and end on the Expiration date stated in the Rental Agreement. If Rentee (You) remain in possession of all or any part of the rented Vehicle(s) after the Expiration Date or any extension hereof, this Rental shall be extended on a day to day basis, and all terms and conditions of this Rental shall apply until the Vehicle(s) are returned to the location designated on Schedule A in the condition required by this Rental.
3. PAYMENT: 100% of Rental Fee in addition to the security deposit is required to reserve a Vehicle for rental term of thirty (30) days or less. For a rental term in excess of thirty (30) days Rentee (You) must pay the first month Rental Fee plus the security deposit. Each month following the initial month will be charged on the first business day of the month and charged to the credit card used to make the reservation.
4. CREDIT CHECK REQUIRED FOR EXTENDED RENTAL TERM:
a. You will be required to complete a credit application for any rental that will exceed 3 months in duration.
5. CANCELLATION OF RESERVATION:
a. 6 or more days in advance - FULL refund
b. 2-5 days in advance - 50% refund
c. 48 hours or less - No refund will be given
6. CONDITION OF THE VEHICLE(S): Rentee (You) acknowledge that it is qualified to inspect the Vehicle(s), that it has inspected the Vehicle(s), knows the condition thereof, and that the same is in good condition and repair. RENTEE (YOU) ACKNOWLEDGE THAT: RENTOR IS NOT THE MANUFACTURER OF THE VEHICLE NOR THE MANUFACTURER'S AGENT; THE VEHICLE IS OF A SIZE, DESIGN, CAPACITY, DESCRIPTION AND MANUFACTURE SELECTED BY RENTEE (YOU); RENTEE (YOU) ARE SATISFIED THAT THE VEHICLE IS SUITABLE AND FIT FOR ITS PURPOSES; AND RENTOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY WITH RESPECT TO THE VEHICLE, EXPRESS OR IMPLIED AND RENTOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OR AS TO THE QUALITY, CONDITION OR CAPACITY OF THE VEHICLE OR THE MATERIALS IN THE VEHICLE OR WORKMANSHIP OF THE VEHICLE, OR ANY OTHER REPRESENTATION OR WARRANTY. RENTOR SHALL NOT BE LIABLE TO RENTEE (YOU) FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY VEHICLE OR THE USE OR MAINTENANCE THEREOF OR THE FAILURE OR OPERATION THEREOF, OR THE REPAIR, SERVICE OR ADJUSTMENT THEREOF, OR BY ANY DELAY OR FAILURE TO PROVIDE ANY SUCH MAINTENANCE, REPAIRS, SERVICE OR ADJUSTMENT, OR BY AN INTERRUPTION OF SERVICE OR LOSS OF USE THEREOF OR FOR ANY LOSS OF BUSINESS HOWSOEVER CAUSED. RENTOR SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE VEHICLE. No defect or unfitness of the Vehicle, and no failure on the part of the manufacturer or the shipper of the Vehicle to deliver the Vehicle or any part thereof to Rentee (You) shall relieve Rentee (You) of the obligation to pay rent or any other obligation hereunder. Rentor shall have no obligation to test, adjust or service the Vehicle. Rentee (You) shall only look to persons other than Rentor such as the manufacturer, vendor or carrier thereof should any item of Vehicle for any reason and in any way be defective. To the extent permitted by the manufacturer and/or vendor and provided Rentee (You) are not in default under the Rental, Rentor shall make available to Rentee (You) all manufacturer and/or vendor warranties with respect to the Vehicle.
Radio, TV’s, Satellite, Air Conditioning, Cruise Control, malfunctions are not considered breakdowns and no refunds are available for these items.
7. USE:
a. Rentee (You) shall have care, custody and control of the Vehicle(s) and will conduct all required and necessary safety inspections to insure safe operation.
b. Rentee (You) and your drivers will abide by Vehicle(s) usage procedures contained in these Terms and Conditions.
c. Rentee (You) shall pay all tolls and tickets during the term of this Rental. In the event that any tolls or tickets are paid by Rentor, Rentor will invoice Rentee (You) for all unpaid tolls and tickets including an administrative fee up to $50.00 and charge the total amount to Rentee’s (Your) credit card used to reserve or pay for this Rental.
d. Rentee (You) are required to comply with all DOT requirements applicable to the area in which the Vehicle will be operated.
e. Rentee (You) shall permit only safe, careful, authorized and properly licensed and insured drivers to operate the Vehicle(s).
f. Drivers must submit a copy of their commercial Driver’s license to Rentee (You) for Vehicle(s) over 15 passengers.
g. Rentee (You) shall not permit the Vehicle(s) to be used in violation of any federal, state, county or municipal statutes, laws, ordinances, rules or regulations. The Vehicles shall not be used outside of the United States. Rentee (You) shall indemnify and hold Rentor harmless from any and all fines, forfeitures, damages, or penalties assessed against Rentor resulting from violation of such statues, laws, ordinances, rules or regulations.
h. Rentee (You) will not re-lease, re-rent or sublease the Vehicle(s).
i. The Vehicles do not meet Federal Bus Safety Standards nor the National Highway Traffic and Safety Administration standards for school buses and therefore may not be used to transport children in the 12th grade or younger, other than family members, for school related functions.
j. The total number of passengers transported at any one time in each Vehicle shall not exceed the maximum capacity shown for each Vehicle that is the subject of this Rental.
8. MAINTENANCE AND REPAIRS AND ACCIDENTS:
a. If the rental period extends beyond 90 days, Rentee (You) are required to perform all maintenance required while in the possession of the Vehicle(s), including but not limited to oil changes as prescribed by the manufacturer’s operating manual.
b. If, during the term of this Rental, the Vehicle(s) is/are involved in an accident Rentee (You) shall contact Rentor at 800-783-3613 within six (6) hours after such incident or event, and provide Rentor with contact information for any towing or service/repair facility that has been involved with the Vehicle(s).
c. If mechanical failure occurs as a result of Rentee (You)’s failure to perform proper maintenance as prescribed by the manufacturer’s operating manual, Rentee (You) shall be charged the cost of repair. Rentee (You) specifically agree that said repairs will be charged to the credit card used to reserve this rental.
d. In the event the Vehicle(s) require repairs as a result of an accident or mechanical failure which causes the Vehicle(s) to not be returned to Rentor on the Expiration Date, Rentee (You) shall pay the base daily rent for any days in which the Vehicle(s) are not in the possession of Rentor after the expiration date due to a repair or maintenance event. Rentee (You) specifically agree that said base rental rate will be charged to the credit card used to reserve this rental.
e. In the event Rentor must transport or tow the Vehicle(s) during the term of this Rental, Rentee (You) shall pay all transportation costs including towing fees and/or $2.50 per mile for transportation. Rentee (You) specifically agree that said towing or transportation costs will be charged to the credit card used to reserve this rental.
f. In the event Rentor provides a replacement vehicle during the term of this Rental, Rentee (You) shall pay for all transportation and preparation costs including but not limited to $4.00 per mile. Rentee (You) specifically agree that said transportation costs will be charged to the credit card used to reserve this rental.
9. RETURN OF VEHICLE(S):
a. Rentee (You) shall return the Vehicle(s) to Rentor’s place of business at Rentee’s (Your) expense.
b. Rentee (You) shall return the Vehicle(s) on or before the Expiration Date or any earlier termination of this Rental, in the same condition, as when delivered (ordinary wear and tear excluded) or pay as additional rent, Rentor’s cost of repairing any damage to the Vehicle(s) in excess of ordinary wear and tear.
c. Rentee (You) shall return the Vehicle(s) free from all body damage and free from all broken or cracked glass.
d. All Vehicle(s) shall be returned with all original equipment and parts that were installed at the Commencement of the Rental and all equipment and parts added by Rentor during the term of the Rental unless approved in writing by Rentor.
e. Rentee (You) further agree to keep the Vehicle(s) free of any and all claims and encumbrances by any person.
f. NO SMOKING or alcohol beverages are allowed in Vehicle(s). If smoke smell of any kind is present when the Vehicle is returned, a $500 additional cleaning fee will be payable by Rentee (You). Rentee (You) specifically authorizes Rentor to charge the smoke cleaning fee of $500.00 to any credit card or credit account associated with this Rental.
g. In the event the Vehicle(s) are not returned on the Expiration Date as defined in the Vehicle Rental Agreement, Rentee (You) will pay the Daily Rental Rate for each day that the vehicles are not returned in addition to a late penalty fee of $50.00 per day, and costs and damages.
h. Vehicle(s) are to be returned in same condition as it was at the commencement of the Rental. Specifically:
1. Exterior - washed. In the event the exterior is not washed a $50.00 cleaning fee will be due and payable from Rentee (You);
2. Interior - cleaned, swept and/or vacuumed. In the event that the interior is not cleaned, swept and/or vacuumed a $50.00 to $300.00 cleaning fee will be due and payable from Rentee (You). It is within the Rentor’s sole discretion to determine the amount of the cleaning fee within the parameters described in this section.
3. In the event that the key fob or key is damaged or missing, a $250 fee will be due and payable from Rentee (You);
4. In the event that the plastic key tag is damaged or missing, a $50 fee will be due and payable from Rentee (You);
5. Fuel Tank - full. In the event that the fuel tank is not full, Rentee (You) will pay $6.00 per gallon.
i. A damage estimate will be invoiced to Rentee (You) for any NEW exterior damage (scrapes, dents, chips in windshield, etc.) and/or any NEW interior damage (torn or stained seats, stains or tears in carpet, or foul odors etc.) All damages assessed in the sole discretion of Rentor will be invoiced to Rentee (You) and if lawful will be charged to the credit card on file.
j. All unpaid tolls and tickets plus an administrative fee of up to $50.00 will be invoiced to Rentee (You) and will be charged to the credit card used to reserve this Rental.
k. D.O.T. Safety Equipment: Fire Extinguisher, I.C.C. Kit (triangle reflectors), & First Aid Kit Equipment are on each Vehicle. Rentee (You) will pay a $75.00 a replacement fee for each item found to be missing, used or discharged.
l. Rentee (You) affirms that they have the knowledge and capability of filling the fuel tank, whether gasoline or diesel.
m. Rentee (You) affirms that they have the knowledge to check, maintain, and fill the DEF tank if part of the rented vehicle.
10. INSURANCE: Rentee (You), at its own expense shall obtain and keep effective during the entire term of this Rental, insurance policies insuring the Vehicle(s) against loss or damage because of fire, theft, collision, flood, windstorm or other casualty, to the extent of the full cash value of such Vehicle(s) as shown on the Vehicle schedule, less any deductible permitted under this Rental. All Rentees (You) and additional drivers shall have liability insurance that transfers to large passenger vehicles. Rentee (You), at your own expense, shall obtain and keep effective during the entire term of this Rental, an insurance policy naming Rentor as additional “insured and loss payee" and Rentee (You) shall provide proof of minimum liability coverage for any loss arising out of death, injury or property damage in the minimum amount of $1,500,000.00 for <15 passenger capacity vehicles and $5,000,000.00 for vehicles with greater than >15 passenger capacity. In the event Rentee (You) cannot show proof of liability coverage in the minimum amount required by this section, Rentee (You) will be charged an additional daily fee. Rentee’s (Your) insurance policy shall expressly provide coverage for Rentee’s (Your) contractual obligation and liability of this Rental and shall contain a stipulation or agreement by the insurance carrier that the Rentor shall receive at least thirty (30) days’ prior written notice of any cancellation or intended cancellation, or reduction of the coverage provided herein or ten (10) days prior notice of any lapse of said coverage due to nonpayment. In the event Rentee (You) fail to provide the coverage required, Rentee’s (Your) rights under this Rental may be terminated immediately and the Rentor shall be entitled to immediate possession of the Vehicle(s) rented under this Rental. Upon the receipt of any notice to Rentor of cancellation or nonrenewal, Rentee (You) will provide evidence of replacement insurance coverage or Rentee (You) will be obligated to pay Rentor for any and all costs to secure replacement coverage in compliance with the requirements of this paragraph. Rentee (You) shall deliver to Rentor prior to the delivery of the Vehicle(s) satisfactory evidence of insurance as described herein followed by a Certificate of Insurance evidencing said insurance coverage. Rentee (You) shall provide such evidence of Insurance coverage prior to the delivery of the Vehicle(s) and at any time as reasonably requested by Rentor during the term of this Rental. Rentee (You) hereby assign to Rentor the proceeds of all such insurance and directs any insurer to make payments directly to Rentor. Rentor shall be under no duty to ascertain the existence of or to examine any such policy or to advise Rentee (You) in the event any such policy shall not comply with the requirements hereof. Further, in the event of any loss arising out of the possession, use, operation or condition of the Vehicle(s) during the term of this Rental, Rentee (You) shall immediately provide notice of such loss to the Rentor. Whenever a Vehicle is damaged and such damage can be repaired, Rentee (You) shall, at your expense, promptly effect such repairs as Rentor shall deem necessary for compliance with paragraph 5 above. Proceeds of insurance shall be paid to Rentor with respect to such reparable damage to the Vehicle and shall, at the election of Rentor, be applied either to the repair of the Vehicle by payment by Rentor directly to the party completing the repairs, or to the reimbursement of Rentee (You) for the cost of such repairs; provided, however, that Rentor shall have no obligation to make such payment or any part thereof until receipt of such evidence as Rentor shall deem satisfactory that such repairs have been completed and further provided that Rentor may apply such proceeds to the payment of any rent or other sum due or to become due hereunder if at the time such proceeds are received by Rentor there shall have occurred any Event of Default or any event which with lapse of time or notice, or both, would become an Event of Default.
11. INSURANCE REQUIREMENTS WAIVER FEE: In the event Rentee (You) cannot show proof of liability coverage in the minimum amount required by section 6, Rentee (You) will be charged a daily waiver fee. Rentee (You) understand and acknowledge that Rentee (You) will pay to Rentor a daily waiver fee for the purposes of Rentor purchasing and maintaining insurance coverage to insure and cover Rentor for amounts that exceed coverage provided by Rentee (You). Rentee (You) acknowledge that the insurance policies purchased by Rentor for this purpose only benefit Rentor and do not in any way benefit Rentee (You).
12. COLLISION DAMAGE WAIVER (CDW): THE VEHICLE RENTAL AGREEMENT OFFERS FOR AN ADDITIONAL CHARGE OPTIONAL PRODUCTS WHICH PROVIDE YOU PROTECTION DURING YOUR RENTAL, INCLUDING A COLLISION DAMAGE WAIVER: YOU ARE RESPONSIBLE FOR ALL DAMAGES TO OR LOSS OF THE RENTAL VEHICLE. A COLLISION DAMAGE WAIVER WILL RELIEVE YOU OF RESPONSIBILITY FOR ALL OR PART OF THE DAMAGE TO THE RENTAL VEHICLE THAT MAY OCCUR DURING THE RENTAL PERIOD. BEFORE DECIDING TO PURCHASE OPTIONAL COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR PERSONAL INSURANCE OR CREDIT CARD PROVIDES YOU COVERAGE DURING THE RENTAL PERIOD. THE PURCHASE OF THE COLLISION DAMAGE WAIVER IS NOT REQUIRED TO RENT A VEHICLE.
a. If Rentee (You) purchase the Collision Damage Waiver, Rentee (You) will still be responsible for damages to the Vehicle if:
1) The damage is caused intentionally by an authorized driver or as a result of his willful and wanton misconduct;
2) The damage arises out of the authorized driver's operation of the vehicle while intoxicated or under the influence of any illegal or unauthorized drug;
3) The rental transaction is based on fraudulent information supplied by the Rentee (You);
4) The damage arises out of the use of the vehicle while committing or otherwise engaged in a criminal act in which the automobile usage is substantially related to the nature of the criminal activity;
5) The damage arises out of the use of the vehicle to carry persons or property for hire;
6) The damage occurs while the vehicle is operated by a person other than an authorized driver;
7) The damage arises out of the use of the vehicle outside of the United States unless such use is specifically authorized by the rental agreement;
8) Towing or pushing anything or if operation of the vehicle on an unpaved road has resulted in damage or loss which is a direct result of the road or driving conditions;
b. Rentee (You) will not be responsible for loss due to the theft of the rental vehicle, if:
i. An authorized driver has possession of the ignition key furnished by the rental company or an authorized driver establishes that the ignition key furnished by the car rental company was not in the vehicle at the time of the theft; and
ii. An authorized driver files an official report of the theft with the police or other law enforcement agency within twenty-four hours of learning of the theft and reasonably cooperates with the car rental company and the police or other law enforcement agency in providing information concerning the theft.
c. California, Iowa, Indiana, Louisiana, Hawaii, Massachusetts, Minnesota, New York, Nevada, Rhode Island and Texas, Consumer Protection: Under the laws of these states, a personal automobile insurance policy MUST cover the rental of this motor vehicle against damage to the vehicle and against loss of use of the vehicle. Therefore, purchase of any collision damage waiver or insurance for the risk of possible loss or damage to the Vehicle covered by the Agreement is NOT necessary if your policy was issued in one of these states. You should check your personal automobile insurance policy to review if the purchase of CDW would be duplicative of coverage afforded under your personal automobile insurance policy.
13. In the event that Rentee (You) decline to purchase the Collision Damage Waiver, Rentee (You) will be responsible for:
a. Physical damage to the rented Vehicle up to its fair market value regardless of the cause of damage.
b. Mechanical damage to the rental Vehicle, up to and including the rental vehicle’s fair market value, resulting from:
i. a collision;
ii. an impact; or
iii. another incident that is caused by the Rentee’s (Your’s) or authorized driver’s deliberate act.
c. Loss due to theft of the rental Vehicle up to its fair market value.
d. Physical damage to the rented Vehicle up to its fair market value resulting from vandalism occurring after, or in connection with, the theft of the rented Vehicle.
e. Physical damage to the rented Vehicle and loss of use of the rented Vehicle up to its fair market value resulting from vandalism unrelated to the theft of the rented Vehicle.
f. Loss of use of the rented Vehicle, if the Rentee (You) are liable for damage.
g. Actual charges for towing, storage, and impoundment fees paid by the Rentor, if the Rentee is liable for damage.
h. Reasonable attorney’s fees related to the enforcement of the rental agreement.
i. An administrative charge.
j. The cost of appraisal and all other costs and expenses incident to the damage, loss, loss of use, repair, or replacement of the rented Vehicle.
14. ROADSIDE ASSISTANCE: If Roadside Assistance is purchased, Rentee will be provided with:
· Flat tire assistance
· Tire replacement
· Key replacement
· Glass damage (windshield & side windows)
· Lockout service
· Jump start
· Towing (excluding collision)
· Fuel delivery up to a maximum of $30.00 worth of fuel
If Roadside Assistance is not purchased, Rentee will be responsible for a service fee associated with all roadside services.
15. RENTEE (YOU) COVENANTS, REPRESENTATIONS AND WARRANTIES:
a. Affirmative Covenants. Rentee (You) shall: (i) pay all shipping and delivery charges and other expenses incurred in connection with the Vehicle(s) and pay all lawful claims, whether for labor, materials, supplies, rent or services, which might or could if unpaid become a lien on the Vehicle(s); (ii) comply with all laws and regulations and rules, all manufacturer’s instructions and warranty requirements, and with the conditions and requirements of all policies of insurance relating to each Vehicle and its use; (iii) mark and identify the Vehicle(s) with all information and in such manner as Rentor or its assigns may request from time to time and replace promptly any such markings or identification which are removed, defaced or destroyed; and (iv) at any and all times during business hours, grant Rentor free access to enter upon the premises wherein the Vehicle(s) shall be located or used and permit Rentor to inspect the Vehicle(s) and all applicable maintenance records; provided, however, that Rentor shall have no obligation to inspect any Vehicle(s) or records; and (v) Rentee (You) has determined the minimum State and Federal insurance coverage requirements for operation of the Vehicle(s) and represents and warrants that Rentee (You) is in compliance with all laws and regulations applicable to the operation of the Vehicle(s).
b. Negative Covenants. Rentee (You) shall not (i) voluntarily or involuntarily create, incur, assume or suffer to exist any mortgage, lien, security interest, pledge or other encumbrance or attachment of any kind whatsoever upon, affecting or with respect to the Vehicle(s) or this Rental or any of Rentee (You)’s interest thereunder; (ii) permit the name of any person, association or corporation other than the Rentor or Rentee (You) to be placed on the Vehicle(s); (iii) part with possession or control of or suffer or allow to pass out of its possession or control any item of the Vehicle(s) or change the location of the Vehicle(s) or any part thereof from the address shown in the Rental; (iv) ASSIGN OR IN ANY WAY TRANSFER OR DISPOSE OF ALL OR ANY PART OF ITS RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT OR ENTER INTO ANY SUBLEASE OF ALL OR ANY PART OF THE Vehicle(s); (v) if Rentee (You) are a corporation, limited liability company or other business entity Rentee (You) shall not change (a) its name or address from that set forth above, (b) the state under whose laws it is organized as of the date hereof, or (c) the type of organization under which it exists as of the date hereof unless it shall have given Rentor or its assigns no less than thirty (30) days’ prior written notice of any such proposed change; or (viii) allow a Blocked Person to have an ownership interest in or control of Rentee (You). “Blocked Person” means any person or entity that is now or at any time (A) on a list of Specially Designated Nationals issued by the Office of Foreign Assets Control (“OFAC”) of the United States Department of the Treasury or any sectoral sanctions identification list, or (B) whose property or interests in property are blocked by OFAC or who is subject to sanctions imposed by law, including any executive order of any branch or department of the United States government or (C) otherwise designated by the United States or any regulator having jurisdiction or regulatory oversight over Rentor, to be a person with whom Rentor is not permitted to extend credit to or with regard to whom, a Rentee (You) relationship may result in penalties against Rentor or limitations on a Rentor’s ability to enforce a transaction.
16. REPRESENTATIONS AND WARRANTIES. In the event Rentee (You) are a corporation, limited liability company or other business entity, Rentee (You) represent and warrant to Rentor, that (i) the Rental has been duly authorized and executed and is not in contravention of, and will not result in a breach of, any of the terms of Rentee ‘s (Your) charter, by-laws, articles of incorporation or other organic documents or any loan agreements or indentures of Rentee (You), or any other contract, agreement or instrument to which Rentee (You) are a party or by which it is bound; (ii) Rentee’s (Your) exact legal name as it appears on its charter or other organic documents, including as to punctuation and capitalization, and its principal place of business or chief executive office are as set forth in the heading of this Rental; (iv) Rentee (You) are duly organized, validly existing and in good standing under the laws of the state of its incorporation or formation and is duly qualified and authorized to transact business in, and is in good standing under the laws of, each other state in which the Vehicle(s) is or will be located; (v) there has been no change in the name of the Rentee (You), or the name under which Rentee (You) conduct business within the one year preceding the date hereof except as previously reported in writing to Rentor; (vi) Rentee (You) have not moved its principal place of business or chief executive office, or has not changed the jurisdiction of its organization within the one year preceding the date hereof except as previously reported to Rentor in writing. Further Rentee (You) represent and warrant that this Rental constitutes a legal, valid and binding obligation of Rentee (You), enforceable against Rentee (You) in accordance with its terms; (i) all information provided by Rentee (You) to Rentor in connection with this Rental is true and correct; (ii) there are no suits pending or threatened against Rentee (You) or any guarantor of the Rentee’s (Your) obligations (each, a “Guarantor”) which, if decided adversely, might materially adversely affect Rentee’s (Your) or such guarantor’s financial condition, the value, utility or remaining useful life of the Vehicle(s), the rights intended to be afforded to Rentor hereunder or under any guarantee or the ability of Rentee (You) or any guarantor to perform its obligations under the Rental or any document delivered in connection with the Rental.
17. INDEMNITY: Rentee (You) shall defend, indemnify and hold harmless Rentor and the officers and employees of Rentor and its insurer from and against any damage, loss, theft, or destruction of the Vehicle(s) and against all losses, liabilities, damages, injuries, claims, demands, costs and expenses of every kind and nature, including bodily injury, property damage and death, whether or not covered by insurance, including legal fees and disbursements arising out of and in connection with the use, condition, maintenance or operation of the Vehicle(s) during the Rental term or while the Vehicle(s) is in the Rentee’s (Your) possession or under its control; the performance or nonperformance of Rentee (You) hereunder and any act or omission of Rentee (You), and its agents, servants or employees. Rentee (You) shall further indemnify and hold harmless Rentor from any and all governmental fees or regulatory charges due, including any late penalties or interest accrued thereupon.
18. DEFAULT: An Event of Default shall occur if: (i) Rentee (You) are delinquent on any payment due hereunder, (ii) Rentee (You) breach any other agreement, term, covenant or condition which this Rental requires, (iii) Rentee (You) or any Guarantor ceases doing business as a going concern, makes an assignment for the benefit of creditors, becomes insolvent, or engages in any dissolution or liquidation proceedings; (iv) Rentee (You) or any Guarantor voluntarily files, or has filed against it involuntarily, a petition for liquidation, reorganization, adjustment of debt, or similar relief under the federal Bankruptcy Code or any other present or future federal or state bankruptcy or insolvency law, or a trustee, receiver, or liquidator shall be appointed of it or of all or a substantial part of its assets; (v) Rentee (You) or any Guarantor shall be in breach of or in default in the payment or performance of any material obligation under any credit agreement, conditional sales contract, rental, guaranty, or other contract with Rentor, an affiliate of Rentor or any other person or entity, howsoever arising; (vi) any individual Rentee (You), Guarantor, or partner of Rentee (You) if Rentee (You) are/is a partnership shall die; (vii) Rentee (You), or any Guarantor of this Rental shall suffer a material adverse change in its financial condition from the date hereof, and as a result thereof Rentor deems itself or any of the Vehicles to be insecure; or (viii) any Guarantor fails to pay or perform any obligation owing to Rentor, or breaches or fails to observe or perform any term, condition, covenant, representation or warranty contained in any agreement made by such Guarantor in favor of Rentor.
a. Upon the occurrence of any Event of Default, Rentor may, in addition to any other right or remedy given by law, terminate this Rental immediately and require Rentee (You) at your own expense to return the Vehicle(s) within three (3) days of the Event of Default. Rentor may also enter upon the premises where the Vehicle(s) is located and take immediate possession of and remove the same with or without instituting legal proceedings. The exercise of any one remedy shall not be deemed an election of such remedy or preclude the exercise of any other remedy, and such remedies may be exercised concurrently or separately but only to the extent necessary to permit Rentor to recover amounts for which Rentee (You) are/is liable hereunder. Rentor shall be entitled to, and Rentee (You) agree to pay damages equal to the sum of (i) accrued and unpaid rent, including interest; any and all costs, expenses, penalties, fees or charges of any kind incurred by Rentor as a result of or relating to Rentee’s (Your) default; and as permitted by applicable law, any and all attorney fees, legal expenses or litigation costs Rentor incurs as a result of or relating to Rentee’s (Your) default.
b. If this Rental is deemed at any time to be a rental intended as security, Rentee (You) grant Rentor a security interest in the Vehicle(s) to secure its obligations under such Rental, all other Rentals and all other indebtedness at any time owing by Rentee (You) to Rentor. Rentee (You) agree that upon the occurrence of an Event of Default, in addition to all of the other rights and remedies available to Rentor hereunder, Rentor shall have all of the rights and remedies of a secured party under the Uniform Commercial Code.
19. NOTICES: Any notice to Rentee (You) or Rentor shall be in writing and shall be deemed to have been given when delivered VIA electronic mail, delivered personally or deposited with a nationally-recognized overnight courier service or in the United States mails, postage prepaid, addressed to recipient at its address set forth above or at such other address as may be last known to the sender.
20. NET RENTAL AND UNCONDITIONAL OBLIGATION: This Rental is a completely net rental and Rentee’s (Your) obligation to pay rent and all other amounts payable by Rentee (You) hereunder is absolute, unconditional and irrevocable, and shall be paid without any abatement, reduction, setoff or defense of any kind. This Rental cannot be canceled or terminated except as expressly provided herein. In the event Rentee (You) direct Rentor to bill charges hereunder to any other person, or organization, such person or organization and Rentee (You) shall be jointly and severally liable for all such charges. Rentee (You) expressly authorize Rentor to process a credit card voucher, if any, for charges made hereunder.
21. GOVERNING LAW AND FORUM SELECTION, JURY TRIAL WAIVER: This Rental and all issues of Rentee’s (Your) relationship with Rentor shall be governed by and determined by application of Missouri law. Further, Rentor and Rentee (You) acknowledge Rentor’s home office is in Belton, Missouri and all payments hereunder are to be received in Belton, Missouri. Rentor and Rentee (You) select the state courts sitting within Cass County or Jackson County, Missouri and the United States District Court for the District Court of Missouri as exclusive venue for all disputes, claims, causes of action of the liking involving Rentor and Rentee (You). RENTEE (YOU) HEREBY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY MATTER ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT. TIME IS OF THE ESSENCE WITH RESPECT TO THE OBLIGATIONS OF RENTEE (YOU) UNDER THIS AGREEMENT.
22. NO COURSE OF DEALING: No course of dealing between Rentor and Rentee (You) or any delay or omission on the part of Rentor in exercising any rights hereunder shall operate as a waiver of any rights of Rentor. A waiver on any one occasion shall not be construed as a bar to or waiver of any right or remedy on any future occasion. No waiver or consent shall be binding upon Rentor unless it is in writing and signed by Rentor. To the extent permitted by applicable law, Rentee (You) hereby waives the benefit and advantage of, and covenants not to assert against Rentor, any valuation, inquisition, stay, appraisement, extension or redemption laws now existing or which may hereafter exist which, but for this provision, might be applicable to any sale or re-leasing made under the judgment, order or decree of any court or under the powers of sale and re-leasing conferred by this Rental or otherwise. To the extent permitted by applicable law, Rentee (You) hereby waive any and all rights and remedies conferred upon a Rentee (You) by Article 2A-508 through 2A-522 of the Uniform Commercial Code, including but not limited to Rentee’s (Your) rights to: (i) cancel this Rental; (ii) repudiate this Rental; (iii) reject the Vehicle; (iv) revoke acceptance of the Vehicle; (v) recover damages from Rentor for any breaches of warranty or for any other reason; (vi) claim a security interest in the Vehicle in Rentee’s (Your) possession or control for any reason; (vii) deduct all or any part of any claimed damages resulting from Rentor’s default, if any, under this Rental; (viii) accept partial delivery of the Vehicle; (ix) “cover” by making any purchase or lease of or contract to purchase or rental Vehicle in substitution of Vehicle identified to this Rental; (x) recover any general, special, incidental, or consequential damages, for any reason whatsoever; and (xi) specific performance, replevin, detinue, sequestration, claim, delivery or the like for any Vehicle identified to this Rental.
23. GENERAL AND MISCELLANEOUS:
a. No forbearance to exercise any rights or privileges under this Rental, or waiver of any breach of any of its terms, shall be construed as a waiver of Rentor's rights or privileges under any such terms, and the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
b. The terms of this Rental shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This Rental constitutes the entire agreement between the parties hereto and may not be amended except in writing signed by the duly authorized representative of the parties hereto.
c. In the event that any provision of this Rental shall be held by any court of competent jurisdiction to be invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision hereof.
The Vehicle(s) that are the subject of this contract have been equipped with a geolocation device that allows the owner of the Vehicle(s) to track and monitor the location, operation, and movement of the Vehicle(s). By initialing this paragraph, Rentee hereby gives express consent to Lessor to track, store and utilize data from all installed geolocation devices. For more information on Rentor’s data privacy policies please contact 855-935-1383 or www.masterstransportation.com.
Rentee specifically authorizes Rentor to process the payment for damages, costs, fees, unpaid tolls, penalties, equipment replacement fees, late fees and additional Rent due from Rentee pursuant to this Rental agreement through the credit card used to secure this Vehicle Rental agreement.