Equipment Rental Agreement

This Agreement governs every rental of equipment from Pipe Eye Rentals, LLC of Van Alstyne, Texas. A Rental Schedule identifying the specific equipment, dates, rates and replacement values is completed and signed for every transaction and forms part of this Agreement.

1. Agreement and Rental Schedule

This Equipment Rental Agreement (“Agreement”) governs every rental of tools, machinery, accessories, attachments, batteries, chargers, cables, cases, cameras, monitors, pumps, drain-cleaning equipment, press tools, locating equipment, or other property (collectively, “Equipment”) from Company to Renter. Each invoice, reservation, checkout ticket, or Rental Schedule identifying Equipment is incorporated into this Agreement. If a Rental Schedule conflicts with this Agreement, this Agreement controls unless the Schedule expressly states that a specific provision of this Agreement is being modified and is signed by an authorized Company representative.

2. Renter Identification and Authority

Renter represents that all identification, address, telephone, email, payment, employer/business, and project information provided to Company is true and current. If Renter signs for a business or other entity, the signer personally represents that the signer is authorized to bind that entity. The signer remains responsible for obligations expressly assumed individually on the Rental Schedule or card authorization.

3. Term; Return Deadline; No Automatic Extension

The rental begins when the Equipment is released to Renter and ends only when Company physically receives and accepts the Equipment at the approved return location, subject to inspection. Renter must return all Equipment and accessories by the exact due date and time shown on the Rental Schedule. Keeping Equipment beyond the due time does not create a renewal or extension. An extension is valid only if Company affirmatively approves it and any required additional payment or authorization is completed.

4. Rental Charges; Taxes; Deposit

Renter shall pay all rental charges, applicable sales/use taxes, deposits, delivery/pickup charges, consumables, cleaning charges, late/holdover charges, damage charges, loss/replacement charges, collection costs, and other amounts authorized by this Agreement and the Rental Schedule. A security deposit is not a limit on Renter’s liability. Company may apply a deposit to amounts due and Renter remains liable for any deficiency.

5. Condition; Inspection; Acceptance

Renter acknowledges the opportunity to inspect the Equipment before accepting it. Except for defects specifically written on the Rental Schedule at checkout, Renter accepts the Equipment as received and in apparent good working order. Renter shall immediately stop using Equipment that becomes unsafe, damaged, unusually noisy, overheated, jammed, electrically compromised, or otherwise suspect and shall promptly notify Company. Renter may not repair, alter, open, modify, bypass safety devices, or permit third-party repair without Company’s written approval.

6. Permitted Use and Operator Responsibility

Renter shall use the Equipment only for its intended lawful purpose, in accordance with manufacturer instructions, labels, warnings, applicable law, and safe trade practices. Renter is solely responsible for selecting Equipment suitable for the job and for ensuring that every operator is competent, properly trained, physically capable, and equipped with appropriate personal protective equipment. Company does not certify Renter or any operator as trained merely by renting Equipment or providing basic operating information.

7. Prohibited Use

Without Company’s prior written approval, Renter shall not:

1. subrent, loan, sell, pledge, assign, or transfer the Equipment;
2. allow use by an unauthorized operator;
3. remove or obscure serial numbers, tracking devices, asset tags, warnings, guards, or safety devices;
4. use Equipment while impaired;
5. use Equipment for an unlawful purpose or in violation of manufacturer limits;
6. expose Equipment to misuse, abuse, flooding, corrosive chemicals, contamination, excessive heat, freezing, or other conditions beyond its intended design;
7. transport or use Equipment outside Texas or the geographic area stated on the Rental Schedule; or
8. use Equipment in a manner that may subject it to seizure, lien, forfeiture, or confiscation.

8. Care, Security, Theft and Loss

From release until accepted return, Renter has exclusive care, custody and control of the Equipment and assumes responsibility for safeguarding it. Equipment must be secured against theft when unattended and may not be left in an unlocked vehicle, open truck bed, unsecured jobsite, or other unreasonable location. Renter shall immediately notify Company of any theft, disappearance, seizure, or casualty and shall promptly make any police/incident report reasonably requested by Company. Renter shall cooperate with Company and its insurer in recovery and claim investigation.

9. Damage, Missing Items and Replacement Value

Renter is responsible for all loss of or damage to Equipment occurring after release and before accepted return, except ordinary wear from proper use. Renter shall pay Company’s reasonable cost to inspect, diagnose, clean, decontaminate, repair, recalibrate, recondition, retrieve, or replace damaged or missing Equipment, together with associated parts, labor, freight, vendor charges, and applicable taxes.

If Company reasonably determines that Equipment is lost, stolen, destroyed, uneconomical to repair, materially compromised, or not returned after demand, Renter shall pay the replacement value stated on the Rental Schedule or, if none is stated, the reasonable current cost to replace the Equipment with substantially comparable new or commercially equivalent equipment, plus applicable taxes, freight, setup, and necessary accessories. Payment of a damage or replacement charge does not transfer title unless Company agrees in writing.

10. Late / Holdover Equipment

If Equipment is not returned by the due time, Renter authorizes Company to charge additional rental/holdover amounts at the rate stated on the Rental Schedule or, if not stated, Company’s then-current applicable rental rate, subject to applicable law. Company may also recover documented losses caused by the holdover to the extent permitted by law. Late charges do not grant Renter permission to keep the Equipment and do not prevent Company from demanding immediate return.

11. Title; No Liens; Recovery

All Equipment remains Company property. Renter acquires no ownership interest. Renter shall keep the Equipment free of liens and claims. Upon default or expiration of the rental term, Company may demand immediate return and may pursue lawful recovery of its property. Renter shall provide Company with the then-current location of Equipment on request. Company will not breach the peace in recovering Equipment and does not waive any remedy by accepting a partial payment or late return.

12. Authorization to Charge Payment Method

RENTER EXPRESSLY AUTHORIZES COMPANY TO CHARGE THE PAYMENT CARD OR OTHER PAYMENT METHOD PROVIDED BY RENTER, INCLUDING A SECURE CARD STORED ON FILE THROUGH COMPANY’S PAYMENT PROCESSOR, FOR AMOUNTS THAT BECOME DUE UNDER THIS AGREEMENT OR A RENTAL SCHEDULE.

Authorized charges may include rental charges, extensions approved by Company, applicable taxes, late/holdover charges, missing accessories, cleaning/decontamination, repair costs, replacement value for lost/stolen/destroyed/unreturned Equipment, delivery/retrieval charges, and other specifically authorized amounts. Company will provide or make available a receipt/invoice describing post-rental charges. Renter remains liable for amounts due even if a payment attempt is declined. This authorization does not waive any non-waivable rights under applicable card-network rules or law.

13. Payment Disputes and Documentation

Renter agrees to promptly contact Company regarding any questioned charge and to provide a reasonable opportunity to review the rental records before pursuing other remedies. Company may retain and use the signed Agreement, Rental Schedule, identification verification records, checkout/return photographs, serial numbers, communications, invoices, maintenance/inspection records, and payment authorization as evidence supporting a valid charge or collection claim. Nothing in this section prohibits a cardholder from exercising rights that cannot legally be waived.

14. No Damage Waiver Unless Expressly Sold

Unless the Rental Schedule expressly lists a separate damage-waiver product and its terms, NO LOSS-DAMAGE WAIVER OR INSURANCE IS PROVIDED TO RENTER. A deposit, card authorization, or insurance carried by Company does not eliminate or limit Renter’s contractual responsibility. If Company later offers a damage waiver, only the written waiver terms applicable to that transaction control.

15. Assumption of Risk

RENTER UNDERSTANDS THAT POWERED PLUMBING TOOLS, DRAIN MACHINES, CUTTING/PRESSING TOOLS, PUMPS, INSPECTION EQUIPMENT AND RELATED EQUIPMENT CAN CAUSE SERIOUS BODILY INJURY, DEATH, ELECTRIC SHOCK, ENTANGLEMENT, CRUSHING, CUTS, PROPERTY DAMAGE, WATER DAMAGE AND OTHER HAZARDS IF IMPROPERLY SELECTED OR USED.

To the fullest extent permitted by law, Renter knowingly assumes the risks inherent in possession, transportation, setup and use of the Equipment by Renter and persons acting under Renter’s control, except to the extent a claim results from conduct for which liability cannot lawfully be waived or shifted.

16. Release — Company's Ordinary Negligence

NOTICE: TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, RENTER RELEASES AND AGREES NOT TO HOLD COMPANY, ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS LIABLE FOR CLAIMS FOR BODILY INJURY OR PROPERTY DAMAGE ARISING FROM THE RENTAL OR USE OF EQUIPMENT TO THE EXTENT CAUSED BY THE ORDINARY NEGLIGENCE OF COMPANY OR THOSE PERSONS. THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR LIABILITY THAT TEXAS LAW DOES NOT PERMIT TO BE WAIVED.

Renter acknowledges that this provision is conspicuous and specifically allocates risk relating to Company’s ordinary negligence.

17. Indemnity

TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS FROM THIRD-PARTY CLAIMS, DEMANDS, DAMAGES, LOSSES, FINES, PENALTIES, LIABILITIES AND REASONABLE ATTORNEYS’ FEES ARISING OUT OF OR RELATING TO RENTER’S OR AN AUTHORIZED/UNAUTHORIZED USER’S POSSESSION, TRANSPORTATION, STORAGE, SELECTION, MISUSE OR OPERATION OF THE EQUIPMENT, OR RENTER’S BREACH OF THIS AGREEMENT.

This indemnity is not intended to require indemnification for gross negligence, willful misconduct, fraud, or other liability that cannot lawfully be shifted under Texas law.

18. Disclaimer of Warranties

EXCEPT FOR ANY EXPRESS WRITTEN COMMITMENT ON THE RENTAL SCHEDULE, EQUIPMENT IS RENTED “AS IS” AND “WITH ALL FAULTS” TO THE MAXIMUM EXTENT PERMITTED BY LAW. COMPANY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.

Company does not warrant that Equipment will be suitable for Renter’s specific job, produce a particular result, or operate without interruption. Renter is responsible for selecting suitable Equipment and protecting the worksite/property.

19. Limitation of Consequential Damages

To the fullest extent permitted by law, Company will not be liable for Renter’s lost profits, lost business, delay damages, loss of use, substitute-equipment costs, consequential, special, incidental, exemplary, or indirect damages arising from a rental, except to the extent such limitation is prohibited by law. This provision does not limit liability that Texas law does not permit to be limited.

20. Default; Collection Costs

Renter is in default if Renter fails to timely pay, fails to return Equipment, provides materially false information, breaches this Agreement, abandons Equipment, permits a prohibited transfer, or materially threatens Company’s ownership or ability to recover Equipment. Subject to applicable law, Company may terminate the rental, demand return, suspend further rentals, pursue lawful recovery, charge authorized amounts, submit an insurance claim, and use lawful civil remedies. Renter shall pay reasonable collection costs and attorneys’ fees to the extent recoverable under contract and Texas law. Company will not characterize a purely civil payment dispute as a crime merely to compel payment.

21. Accidents, Damage to Other Property, and Claims

Renter shall promptly notify Company of any accident, injury, property damage, utility strike, water damage, electrical event, or third-party claim involving the Equipment and shall preserve relevant evidence. Renter shall not admit liability on Company’s behalf. If Equipment may have been involved in an injury or significant event, Renter shall stop using it and preserve it for inspection unless emergency safety requires otherwise.

22. Governing Law; Venue

This Agreement is governed by Texas law, without regard to conflict-of-law principles. To the extent a lawsuit is permitted and venue may lawfully be agreed, the parties agree that venue shall lie in the state courts located in Grayson County, Texas, and any federal court having jurisdiction over that county.

23. Notices; Electronic Records; E-Signatures

Renter consents to receive rental documents, receipts, notices, invoices and demands by email and/or text at the contact information provided, in addition to any method required by law. Electronic signatures and electronic records may be used to the extent permitted by law. Renter shall promptly update contact information.

24. General Terms

This Agreement and each incorporated Rental Schedule are the entire agreement concerning the rental and supersede prior oral statements about the same subject. No waiver is continuing. If any provision is unenforceable, it shall be enforced to the maximum extent lawful and the remainder remains effective. Headings are for convenience only. Company may assign its right to payment or insurance proceeds. Renter may not assign this Agreement without Company’s written consent. Provisions concerning payment, loss/damage, card authorization, release, indemnity, warranty disclaimer, limitations, collection, governing law and records survive return of the Equipment.

25. Renter Acknowledgments

At signing, Renter confirms each of the following:

• Renter has read this entire Agreement before signing and had the opportunity to ask questions.
• Renter received or had access to the Rental Schedule identifying the Equipment, due time, rates and replacement values.
• Renter inspected or had the opportunity to inspect the Equipment and will report any checkout defects in writing.
• Renter understands the safety risks and is responsible for competent operators and safe use.
• Renter specifically acknowledges Sections 12 (Card Authorization), 15 (Assumption of Risk), 16 (Release of Company Ordinary Negligence), 17 (Indemnity), 18 (Warranty Disclaimer), and 19 (Limitation of Damages).
• Renter authorizes Company to retain transaction records and charge the approved payment method as stated in this Agreement.

Signing

The Agreement is signed once. After that, each rental is covered by a Rental Schedule and checkout sheet identifying the equipment, the due date and time, the rate and the replacement value, together with a checkout confirmation and a return inspection record.