Legal

Terms & Conditions

Equipter Rental Contract Terms & Conditions for STL Equipter Rentals. These terms govern every rental and are incorporated into the rental agreement you sign at booking.

1Definitions

“Authorized Individuals” are those individuals that Customer directly or indirectly allows to use the Equipter, who must be properly trained to use the Equipter, at least 18 years old or the legal age of majority in the state, whichever is greater and are not under the influence of any drugs, alcohol, substances or otherwise impaired.
“Customer” is identified earlier and includes any of your representatives, agents, officers, employees or anyone signing this Contract on your behalf.
“Equipter” is the Equipter RB4000 self-propelled roofing buggy identified on the other pages provided, together with all replacements, repairs, additions, attachments and accessories and all future Equipter units 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 connection with the Equipter.
“Lost” means the Equipter is either stolen, its location is unknown, or Customer is unable to recover it for a period of 30 days.
“FMV” is the Equipter’s fair market value on or about the date of the Incident relating to the Equipter, plus any administrative fees and expenses.
“One Shift” means not more than 8 hours per day, 40 hours per week and 160 hours every 4-week period, provided that double shift will be 150% and triple shift will be 200% of the rental charge on Equipter with hour meters.
“Ordinary Wear and Tear” means normal deterioration considered reasonable in the roofing rental industry for One Shift use.
“Party” means STL Equipter Rentals or Customer and together both are the “Parties”.
“Pick-Up Number” is the number Customer obtains from STL Equipter Rentals evidencing the Customer’s call to pick up Equipter.
“Rental Period” commences when the Equipter is delivered to Customer or the Site Address and continues until the Equipter is returned to the Store or picked up by STL Equipter Rentals during normal business hours, provided Customer has otherwise complied with this Contract.
“Site Address” is the location that Customer represents the Equipter will be located during the Rental Period identified earlier.
“Store” is the STL Equipter Rentals location identified earlier.
“STL Equipter Rentals” is STL Equipter Rentals and its affiliated companies, their respective officers, directors, employees and agents.
“Telematics Data” is data collected within the Equipter or via software relating to the Equipter, its performance, location, or operators.

2Terms

Customer’s execution of this Contract or taking possession of the Equipter (whichever occurs first) shall be deemed acceptance of the terms herein for this and all past and future contracts between STL Equipter Rentals and Customer upon Customer’s receipt of STL Equipter Rentals’ Equipter under those contracts.
Customer rents the Equipter from STL Equipter Rentals pursuant to this Contract, which is a true lease. The Equipter (a) is and shall remain the personal property of STL Equipter Rentals and (b) shall not be affixed to any other property. Customer shall not pledge or encumber the Equipter in any manner.

3Permitted Use

STL Equipter Rentals has no control over the manner in which the Equipter is operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits.
Prior to each use and its return to STL Equipter Rentals, Customer shall inspect the Equipter to confirm that the Equipter is in good condition, without defects, readable decals are on the Equipter, and the Equipter is suitable for Customer’s intended use.
Customer has access to and reviews the operating and safety instructions and will operate the Equipter in accordance with the manufacturer’s instructions and with applicable safety gear.
Any apparent agent at the Site Address is authorized to accept delivery of the Equipter (and if Customer requests, Customer authorizes STL Equipter Rentals to leave the Equipter at the Site Address without requirement of written receipt).
Customer shall immediately stop use and notify STL Equipter Rentals if the Equipter is damaged, unsafe, disabled, malfunctioning, warning lights come on, levied upon, threatened with seizure, Lost, or if any Incident occurs.
STL Equipter Rentals is not responsible for providing operator or other training unless Customer specifically requests in writing and STL Equipter Rentals agrees to provide such training.
Only Authorized Individuals shall use and operate the Equipter, however Customer is responsible for the Equipter and its use during the Rental Period regardless of the user.
The Equipter shall be used and maintained in a careful manner, within the Equipter’s capacity and in compliance with all applicable laws, regulations, as well as all operating and safety instructions provided on, in or with the Equipter and all applicable federal, state and local laws, permits and licenses, including but not limited to, OSHA and ADA, as revised.
The Equipter shall be kept in a secure location, and Customer shall provide STL Equipter Rentals with accurate and complete information, which STL Equipter Rentals relies upon to provide the appropriate Equipter to Customer.

4Prohibited Use

Customer shall not alter or cover up any decals or insignia on the Equipter, remove any operating or safety instructions or alter or tamper with the Equipter.
Customer shall not assign its rights under this Contract.
Customer shall not move the Equipter from the Site Address without STL Equipter Rentals’ written consent.
Customer shall not use the Equipter in a negligent, illegal, unauthorized or abusive manner.
Customer shall not publicize use of the Equipter in any manner (including, without limitation, print, audiovisual or electronic).
Customer shall not allow the use of the Equipter by anyone other than Authorized Individuals (Customer acknowledging that the Equipter may be dangerous if used improperly or by untrained parties).

5Maintenance

Customer shall perform routine maintenance on the Equipter, including routine inspections and maintenance of fuel and oil levels, grease, cooling and fluid systems, batteries, tires/tracks cutting edges, and cleaning in accordance with the manufacturer’s specifications, as applicable.
All other maintenance or repairs may only be performed by STL Equipter Rentals or its agents, but STL Equipter Rentals has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call.
If STL Equipter Rentals determines that repairs to the Equipter are needed, other than Ordinary Wear and Tear, Customer shall pay the full repair charges, additional fees, if any, and rental of the Equipter until the repairs are completed.
If Equipter is stolen or damaged in excess of 40% of the Equipter’s FMV, Customer will be responsible for the FMV of the Equipter, including sales tax, as applicable.
STL Equipter Rentals has the right to inspect the Equipter wherever located. Customer has the authority to and hereby grants STL Equipter Rentals and its agents the right to enter the physical location of the Equipter for the purposes set forth herein.
STL Equipter Rentals shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the Equipter is Customer’s exclusive remedy for STL Equipter Rentals’ breach of this Section.

6Customer Liability

During the Rental Period, Customer assumes all risk associated with the possession, control or use of the Equipter, 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 STL Equipter Rentals, the police, if necessary, and Customer’s insurance carriers; (b) secure and maintain the Equipter and the surrounding premises in the condition existing at the time of such Incident, until STL Equipter Rentals or its agents investigate; (c) immediately submit copies of all police or other third party reports to STL Equipter Rentals; and (d) as applicable, pay STL Equipter Rentals, in addition to other sums due herein, the rental rate for Equipter until the repairs are completed or Equipter replaced plus either (i) the FMV or (ii) the full charges of recovery and repairs of damaged Equipter.
Accrued rental charges shall not be applied against these amounts. STL Equipter Rentals shall have the immediate right, but not obligation, to reclaim any Equipter involved in any Incident.

7No Warranties

STL Equipter Rentals disclaims all representations and warranties, express or implied, with respect to the Equipter, its durability, condition, merchantability, non-infringement, or fitness for any particular purpose.
Customer acknowledges acceptance of the Equipter on an “AS IS, WHERE IS” basis, with “all faults” and without any recourse whatsoever against STL Equipter Rentals entities.
Customer assumes all risks associated with the Equipter and releases STL Equipter Rentals entities from all liabilities and damages (including lost profits, personal injury, and special, incidental and consequential damages, even if advised of the possibility of such damages) in any way connected with the Equipter, its installation, operation or use or any defect or failure thereof, a breach of STL Equipter Rentals’ obligations herein or errors or inaccuracies in information obtained from Customer or third parties, upon which STL Equipter Rentals relies; provided however, if Customer is a consumer under applicable law, then no consequential damages limitation of injuries to persons shall apply.

8Release and Indemnification

To the fullest extent permitted by law, Customer indemnifies, releases, holds STL Equipter Rentals entities harmless and at STL Equipter Rentals’ request, defends STL Equipter Rentals entities (with counsel approved by STL Equipter Rentals), 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) access, use, possession or control of the Equipter by Customer or any third party that Customer implicitly or explicitly permits to access, use, possess or control the Equipter 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’ compensation immunity, to the extent applicable. Customer’s indemnity obligations shall survive the expiration or termination of this Contract. All of Customer’s indemnification obligations under this paragraph shall be joint and several.

9Insurance

During the Rental Period, Customer shall maintain, at its own expense, the following minimum insurance coverage: (a) for Customers using Equipter for non-personal use, general liability insurance of not less than $1,000,000 per occurrence and $2,000,000 general aggregate, including coverage for Customer’s contractual liabilities herein such as the release and indemnification clause contained in Section 8; (b) for Customers using Equipter for non-personal use, property insurance against loss by all risks to the Equipter, in an amount at least equal to the FMV thereof; (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 Equipter is to be used on any roadway.
Such policies shall be primary, non-contributory, on an occurrence basis, contain a waiver of subrogation, name STL Equipter Rentals and its agents as an additional insured (including an additional insured endorsement) and loss payee, and provide for STL Equipter Rentals 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 STL Equipter Rentals with certificates of insurance evidencing the coverages required above prior to any rental and any time upon STL Equipter Rentals’ request. To the extent STL Equipter Rentals entities carry any insurance, STL Equipter Rentals 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.

10Rental 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 STL Equipter Rentals; and (b) for the Equipter’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 Equipter, 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 Equipter as provided herein; (iv) a cleaning fee if required; (v) miscellaneous charges, such as fees for lost keys, costs to recover Equipter, emergency mobilization or store opening; (vi) fuel used during the Rental Period and for refueling Equipter as described below; (vii) fines for use of dyed diesel fuel in on-road Equipter; (viii) an Environmental Services Charge; and (ix) a Transportation Surcharge.
STL Equipter Rentals collects these fees as revenue and uses them at its discretion.

11Payment

Customer shall pay for the rental of Equipter, sale of Equipter, materials and all other items and services identified in this Contract and all other amounts due, without any offsets, in full, in advance at the time of rental, unless STL Equipter Rentals approves Customer’s executed commercial credit application.
Commercial customers who are approved for STL Equipter Rentals’ extended payment terms must pay, in arrears, upon receipt of STL Equipter Rentals’ invoice, either by cash, check or ACH.
Customer must notify STL Equipter Rentals 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 STL Equipter Rentals’ discretion, any account with a delinquent balance may be placed on a cash basis, deposits may be required and the Equipter may be picked up without notice. 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 reimburse STL Equipter Rentals for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees.
Customer shall pay a fee of $75 for each check returned for lack of sufficient funds. Deposits will only be returned after all amounts are paid in full. If a credit or debit card is presented to pay for charges or to guarantee payment, Customer authorizes STL Equipter Rentals to charge the credit or debit card all amounts shown on this Contract and charges subsequently incurred by Customer, including but not limited to, loss of or damage to the Equipter and extension of the Rental Period.

12Return of the Equipter

STL Equipter Rentals may terminate this Contract at any time, for any reason. The Equipter shall be returned to STL Equipter Rentals (when needed for inspections, maintenance and at the end of the Rental Period) in the same condition it was received, less Ordinary Wear and Tear and free of any hazardous materials and contaminants.
Customer will return the Equipter at the end of the Rental Period, but will continue to be responsible for rental and other charges after the Rental Period if the Equipter is not returned in the condition required herein.
If STL Equipter Rentals delivered the Equipter to Customer, Customer shall notify STL Equipter Rentals that the Equipter 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 Equipter until STL Equipter Rentals confirms that the Equipter 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 Equipter, Customer shall return Equipter to the same Store during that Store’s normal business hours.
If the Equipter is not returned by the estimated end of the Rental Period specified earlier, Customer agrees to pay the applicable rental rate for the Equipter until the end of the Rental Period.

13Purchases

If this Contract identifies any Equipter, materials or other items that are to be purchased by Customer, STL Equipter Rentals 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 STL Equipter Rentals of the full purchase price of the item. STL Equipter Rentals retains title to the item until Customer has paid in full.

14Default

Customer shall be in default if STL Equipter Rentals 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 Equipter as required, or otherwise places the Equipter at risk; (e) fails to return Equipter immediately upon STL Equipter Rentals’ demand; or (f) is in default under any other contract with STL Equipter Rentals.
If a Customer default occurs, STL Equipter Rentals shall have, in addition to all rights and remedies at law or in equity, the right to repossess the Equipter without judicial process or prior notice. Customer shall pay all of STL Equipter Rentals’ costs, including reasonable costs of collection, court costs, attorneys and legal fees, incurred in exercising any of its rights or remedies herein. STL Equipter Rentals shall not be liable due to seizure of Equipter by order of governmental authority. Customer waives any right of action against STL Equipter Rentals entities for such repossession.

15Criminal Warning

The use of false identification to obtain Equipter or the failure to return Equipter by the end of the Rental Period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to applicable laws.

16Environmental Services Charge

To promote a clean and sustainable environment, STL Equipter Rentals takes various measures to comply with applicable environmental regulations, as well as with STL Equipter Rentals’ own policies. STL Equipter Rentals 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 units, as well as labor costs, administration costs, etc. To help offset these and other costs, STL Equipter Rentals assesses an Environmental Services Charge, plus applicable taxes thereon in connection with certain rentals.
The Environmental Services Charge 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 STL Equipter Rentals collects as revenue and uses at its discretion.

17Fuel

For Equipter that uses fuel, Customer has three options: (a) Prepay Fuel Option — Customer may purchase a full tank of fuel for the Equipter at the start of the rental, in which case a “convenience charge” will appear on this Contract (calculated by multiplying the estimated fuel capacity of Equipter by the Prepay per gallon rate). As an added benefit, Customer may return the Equipter full of fuel and the convenience charge will be refunded (however, if not returned full, Customer will not obtain any credit for fuel left in the Equipter upon return).
(b) Pay on Return Option — if Customer returns Equipter 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).
(c) Return Full Option — if Customer returns the Equipter with at least as much fuel as when it was received (most STL Equipter Rentals Equipter comes with a full tank of fuel, but not all), no fuel charge will be assessed.
The cost of Customer refueling Equipter itself will generally be lower than the Prepay Fuel Option or the Pay on Return Option; however these options each allow for the convenience of not refueling. Customer agrees that none of these options are a retail sale of fuel.

18Account Suspension / Termination / Blocking

STL Equipter Rentals reserves the right to suspend, terminate, and/or block customer accounts for any reason, including, but not limited to, suspicious/malicious activity or the account being compromised in any way.

19Limitation of STL Equipter Rentals’ Liability

In consideration of the rental of Equipter, Customer agrees that STL Equipter Rentals’ liability under this Contract, including any liability arising from STL Equipter Rentals’, STL Equipter Rentals 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.

20Jury Trial Waiver

In any dispute arising out of, in connection with, or in any way pertaining to this Contract, Customer and STL Equipter Rentals hereby knowingly, voluntarily and intentionally waive any right to a trial by jury, this waiver being a material inducement to entering into this Contract.

21Arbitration Agreement & Class Action Waiver

At the election of Customer or STL Equipter Rentals, 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 judgment 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.

22Compliance with Export and Import Laws

Removal of the Equipter from the United States (“U.S.”) is prohibited under this Contract. If Customer desires or causes the transport and/or operation of the Equipter outside of the U.S., Customer must (a) obtain STL Equipter Rentals’ consent prior to taking such action, including approval of established customs broker, 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 Equipter is subject to and must comply with all applicable export laws, including but not limited to the Export Administration Regulations; and (ii) Customer, as the exporter/importer of record, 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 Equipter, (B) obtaining any required documentation necessary for return of the Equipter, and (C) ensuring no unauthorized transfers or diversions of the Equipter occur.

23Collection of Data

Customer consents to the collection, use and disclosure of the data and information Customer voluntarily provides to STL Equipter Rentals, including personal identifiable information and financial information, as well as the Telematics Data collected from the Equipter, as described in our Privacy Policy found at www.stlequipterrentals.com/privacypolicy.

24Governing Law

The Parties expressly and irrevocably agree: (a) this Contract, including any related tort claims, shall be governed by the laws of Missouri, 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.

25Force Majeure

STL Equipter Rentals shall not be liable or responsible to the Customer, nor be deemed to have defaulted under or breached this Contract, for any failure or delay in fulfilling or performing any term of this Contract when and to the extent such failure or delay is caused by or results from acts beyond STL Equipter Rentals’ control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, regulations, shutdowns, or actions; (e) embargoes or blockades in effect on or after the date of this Contract; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other events beyond the control of STL Equipter Rentals.

26Miscellaneous

This Contract, together with any Customer executed commercial credit application, if any, constitutes the entire agreement of the Parties regarding the Equipter and may not be modified except by written amendment signed by the Parties. Any reference in Customer’s purchase order or other Customer document to other terms that shall control this transaction shall be void.
This Contract benefits solely the Parties and their respective permitted successors and assigns and nothing in this Contract, express or implied, confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Contract. Customer’s obligations hereunder shall survive the termination of this Contract.
If any term is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or invalidate or render unenforceable such term. This Contract and all of Customer’s rights in and to the Equipter are subordinate to all rights, title and interest of all persons (including STL Equipter Rentals’ lenders) who have rights in the Equipter.
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 STL Equipter Rentals 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 agree, represent and warrant that: (a) the person executing is 18 or the legal age of majority in the state, whichever is greater and 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. If the Parties have a fully executed, active agreement, intended to govern over conflicting terms and conditions, such agreement shall take precedence over the terms herein.

This page is the full Equipter Rental Contract Terms & Conditions for STL Equipter Rentals. The signed rental agreement delivered with your confirmation is the binding contract and controls if anything here conflicts with it.

Questions about these terms before you book?

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STL Equipter Rentals · 171 Clarkson Executive Park, Ellisville, MO 63011 · info@stlequipterrentals.com