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Policies

For The Purpose Of This Rental Agreement, “high Desert Event Rental” Shall Mean High Desert Event Rental, Its Owners, Officers, Directors, Shareholders, And Employees, And “customer” Shall Mean Customer, Its Agents And/or Employees.

In Consideration Of Hiring Of The Equipment (Herein “the Rental Equipment Or Equipment”) Described On The Front Of This Rental Agreement It Is Agreed As Follows:

  • Indemnity/hold Harmless. Customer Will Take All Necessary Precautions Regarding The Equipment Rented, And Protect All Persons And Property From Injury Or Damage. Customer Agrees To Hold Harmless High Desert Event Rental From And Against Any And All Liability, Claims, Judgments, Attorneys’ Fees And Costs, Of Every Kind And Nature, Including, But Not Limited, To Injuries Or Death To Persons And Damage To Property, Arising Out Of The Use, Maintenance, Instruction, Operation, Possession, Ownership Or Rental Of The Equipment Rented, However Caused, Except Claims Or Litigation Arising Through The Sole Negligence Or Willful Misconduct Of High Desert Event Rental.

  • Assumption Of Risk/release-discharge Of Liability. Customer Is Fully Aware And Acknowledges There Is A Risk Of Injury Or Damage Arising Out Of The Use Or Operation Of The Equipment Rented Hereunder And Hereby Elects To Voluntarily Enter Into This Rental Agreement And Assume All Of The Above Risks Of Injury Or Damage. Customer Agrees To Release And Discharge High Desert Event Rental From Any And All Responsibility Or Liability From Such Injury Or Damage Arising Out Of The Use Or Operation Of The Equipment; And Customer Further Agrees To Waive, Release And Discharge Any And All Claims For Injury Or Damage Against High Desert Event Rental Which Customer Otherwise May Be Entitled To Assert.

  • Operators. No Operators Are Furnished, Directly Or Indirectly With Our Equipment.

  • Receipt/inspection Of Equipment. Customer Hires The Equipment On An “as Is” Basis. Customer Acknowledges That He Has, Or Will, Personally Inspect The Equipment Prior To Its Use And Finds It Suitable For Customer’s Needs. Customer Acknowledges Receipt Of All Items Listed In This Rental Agreement And That The Equipment Is In Good Working Order And Repair And That Customer Understands (Without Further Instructions) Its Proper Operation And Use.

  • Possession/title. Customers Right To Possession Of The Equipment Begins Upon Equipment Leaving High Desert Event Rental And Terminates On The Agreed Return Date Indicated On The Front Of This Rental Agreement. Retention Of Possession After This Date Constitutes A Material Breach Of This Rental Agreement.

  • Time Is Of The Essence Of This Rental Agreement. Any Extension Of This Rental Agreement Must Be Agreed Upon In Writing. Title To The Equipment Is And Shall Remain In High Desert Event Rental. If The Equipment Is Not Returned And/or Is Levied Upon For Any Reason Whatsoever, High Desert Event Rental May Retake Said Equipment Without Further Notice Or Legal Process And Use Whatever Force Is Reasonably Necessary To Do So. Customer Hereby Agrees To Indemnify, Defend And Hold High Desert Event Rental Harmless From Any And All Claims And Costs Arising From Such Retaking And/or Levy. If Equipment Is Levied Upon, Customer Shall Notify High Desert Event Rental Immediately.

  • Rental Period/rate/payment. Rental Period Is For A Maximum Of Twenty-four (24) Hours Unless A Longer Term Is Specified In The Rental Agreement Agreed Return Date On The Front Of This Rental Agreement. Rental Rates Are Based Upon Single Shift Usage (Eight Hours Per Day, Five Days Per Week). If Customer Makes Greater Use Of The Equipment, It Is Agreed That The Additional Usage Will Be Charged. Rental Charges Begin Immediately Upon Equipment Leaving High Desert Event Rental. Rental Charges End Upon Return Of The Equipment To High Desert Event Rental In An Acceptable Condition. No Allowance Will Be Made For Saturdays, Sundays, Holidays, Or Time In Transit, Nor For Any Period Of Time That The Equipment May Not Be In Actual Use While In Customer’s Possession. If The Equipment Is Returned Prior To The End Of The Minimum Rental Period, The Rental Due Shall Be For The Entire Minimum Rental Period. High Desert Event Rental May Terminate Rental At Anytime And Retake The Equipment Without Further Notice In Case Of Violation By Customer Of Any Terms Or Conditions Of This Rental Agreement. Customer Agrees To Pay Any Collection Costs And Attorney Fees Incurred In Collection Of This Account Or Any Dispute Arising Out Of This Rental Agreement. Customer Agrees To Pay A Monthly Service Charge On All Unpaid Balances. Customer Agrees To Pay High Desert Event Rental A Fee For Environmental Compliance.

  • Ordinary Wear And Tear. Customer Shall Be Responsible For All Damage Not Caused From Ordinary Wear And Tear. “ordinary Wear And Tear” Shall Mean Only The Normal Deterioration Of The Equipment Caused By Ordinary, Reasonable And Proper Use Of The Equipment. Damage Which Is Not “ordinary Wear And Tear” Includes, But Is Not Limited To: Damage Due To Overturning, Overloading Or Exceeding Rated Capacities; Modification; Breakage; Improper Use; Abuse; Lack Of Cleaning; Dirtying Of Equipment By Paint, Mud, Plaster, Concrete, Resin Or Any Other Material.

  • Compliance With Laws/use Of Equipment. Customer Agrees Not To Use Or Allow Anyone To Use The Equipment For Any Illegal Purpose Or In Any Illegal Manner Or In An Unsafe Manner. Customer Agrees At His Sole Cost And Expense To Comply With All Municipal, County, State And Federal Laws, Ordinances And Regulations Which May Apply To The Use Of The Equipment During The Rental Period. Customer Further Agrees To Pay All Licenses, Fines, Fees, Permits, Or Taxes Arising From His Use Of The Equipment, Including Any Subsequently Determined To Be Due. Customer Shall Not Allow Any Person Who Is Not Qualified, Who Has Not Received And Does Not Understand Safety And Operating Instructions And/or Who Does Not Utilize All Safety Equipment Required, To Operate Or Use The Equipment. Customer Shall Not Allow Any Person To Use Or Operate The Equipment When It Is In Need Of Repair Or When It Is In An Unsafe Condition Or Situation. Customer May Not Modify, Misuse, Harm Or Abuse The Equipment; Permit Any Repairs To The Equipment Without High Desert Event Rental’ Prior Written Permission. Customer May Not Allow A Lien To Be Placed Upon The Equipment. Customer Agrees To Check Filters, Oil, Fluid Levels, Air Pressure, Clean And Visually Inspect The Equipment At Least Daily And To Immediately Discontinue Use And Notify High Desert Event Rental When Equipment Is Found To Need Repair Or Maintenance Or Is Not Properly Functioning. Customer Acknowledges That High Desert Event Rental Has No Responsibility To Inspect The Equipment While It Is In Customer’s Possession

  • Return Of Equipment. Customer Agrees To Return To High Desert Event Rental The Equipment In As Good Condition As When Received, Ordinary Wear And Tear Excepted By Rental Agreement Agreed Return Date. Customer Shall Be Liable For All Damages To Or Loss Of The Equipment And Liability Incurred Prior To Equipment’s Return To High Desert Event Rental. Customer Shall Be Responsible For All Costs Incurred By High Desert Event Rental Recovering And Returning Damaged Equipment To High Desert Event Rental’ Premises. If Equipment Is To Be “picked-up” By High Desert Event Rental, Customer Agrees To Provide A Secure Storage Location And Customer Accepts All Risk Including Damage To And Liability Relative To Equipment For A Reasonable Period Of Time Until The Equipment Is Picked-up By High Desert Event Rental.

  • Disclaimer Of Warranties. High Desert Event Rental Makes No Warranty Of Merchantability Or Fitness For Any Particular Use Or Purpose, Either Expressed Or Implied. There Is No Warranty Or Representation That The Equipment Is Fit For Customer’s Particular Intended Use, Or That It Is Free Of Latent Defects. High Desert Event Rental Shall Not Be Responsible To Customer Or Any Third Party For Any Loss, Damage Or Injury Resulting From, Or In Any Way Attributable To The Operation Of, Use Of, Or Any Failure Of The Equipment. High Desert Event Rental Shall Not Be Responsible For Any Defect Or Failure Unknown To The High Desert Event Rental. Customer’s Sole Remedy For Any Failure Of Or Defect In The Equipment Shall Be Termination Of The Rental Charges At The Time Of Failure Provided That Customer Notifies High Desert Event Rental Immediately Of Such Failure And Returns The Equipment To High Desert Event Rental Within Twenty-four (24) Hours Of Such Failure.

  • Purchase Orders. The Use Of Customer’s Purchase Order Number On This Rental Agreement Is For Customer’s Convenience And Identification Only.

  • Subletting/location Of Equipment. Customer Agrees Not To Sublet, Loan Or Assign The Equipment. Customer Shall Not Move The Equipment From The Address At Which Customer Represented It Was To Be Used. Default. Should Customer In Any Way Fail To Observe Or Comply With Any Provision Of This Rental Agreement, High Desert Event Rental May, At Its Sole Option, Terminate This Rental Agreement, Retake The Equipment, Declare Any Charges Due And Payable And Initiate Legal Process To Recover Monies Owed, And/or, Pursue Any Other Legal Rights And Remedies Available To High Desert Event Rental. Exercise Of Any Remedy Available To High Desert Event Rental Shall Not Constitute An Election Of Remedies Or A Waiver Of Any Additional Remedies To Which High Desert Event Rental May Be Entitled.

  • Retaking Of Equipment. If For Any Reason It Becomes Necessary For High Desert Event Rental To Retake The Equipment, Customer Authorizes High Desert Event Rental To Retake The Equipment Without Further Notice Or Further Legal Process And Agrees That High Desert Event Rental Shall Not Be Liable For Any Claims For Damage Or Trespass Arising Out Of The Removal Of The Equipment.

  • Legal Fees. In The Event An Attorney Is Retained To Enforce Any Provision Of This Rental Agreement, The Prevailing Party In The Dispute Shall Be Entitled To Recover Reasonable Attorney’s Fees And Court Costs In Such Action, Or Proceeding, In An Amount To Be Determined By The Court.

  • Damage Waiver. Damage Waiver Is Not Insurance. By Customer Accepting The Damage Waiver On The Front Of This Rental Agreement And With Immediate Notification In The Event Of Any Accident And The Prompt Submission Of Applicable Police Reports, High Desert Event Rental And Customer Agree That High Desert Event Rental Will Waive Any Claim Against Customer For Direct Physical Damage To The Equipment While In Use By The Customer With The Following Exceptions. The Following Conditions Are Not Covered Under The Damage Waiver:

  • Any item of equipment or part thereof which is not returned for whatever reason, including theft, mysterious disappearance or wrongful conversion;

  •  Damage resulting from improper use, failure to secure during transportation, overloading or exceeding the rated capacity of the equipment;

  •  Damage to motors or other electrical appliances or devices caused by artificial current;

  • Damage to tires, tubes and wheels caused by blowout, bruises, cuts and other causes inherent in the use of the equipment.

  • Damage as a result of vandalism or malicious mischief or intentional abuse;

  • Damage resulting from misuse, abuse, failure to maintain, cleanliness, proper oil, fuel, hydraulic, coolant or pressure levels, lack of lubrication or other normal servicing of equipment;

  • All damage resulting from overturning;

  • All damage resulting from use of the equipment in violation of any provision of this Rental Agreement, violation of any law, ordinance or regulation.

  • When specifically noted as not offered on page one of this rental agreement.

  • Notice Of Non-waiver/severability. Any Failure Of High Desert Event Rental To Insist Upon Strict Performance By Customer As Regards Any Provision Of This Rental Agreement Shall Not Be Interpreted As A Waiver Of High Desert Event Rental’ Right To Demand Strict Compliance With All Other Provisions Of This Rental Agreement Against Customer Or Any Other Person. The Provisions Of This Rental Agreement Shall Be Severable So That The Unenforceability, Invalidity Or Waiver Of Any Provision Shall Not Effect Any Other Provision.

  • Miscellaneous. This Rental Agreement May Be Executed Or Delivered By Facsimile.

 

Hours

Monday9:00AM - 5:00PM
Tuesday9:00AM - 5:00PM
Wednesday9:00AM - 5:00PM
Thursday9:00AM - 5:00PM
Friday9:00AM - 5:00PM
Saturday8:00AM - 12:00AM
SundayCLOSED
High Desert Event Rental

1625 S Main St.,

Las Cruces, NM 88005

Phone. 575-526-1226

Email. Brent@highdeserteventrental.com