Rental Terms and Conditions
Last Revised: January 11, 2024.
These Rental Terms and Conditions are supplemental and in addition to Winsupply's Terms and Conditions of Sales. In the event of any conflict between these Rental Terms and Conditions and Winsupply's Terms and Conditions of Sales, the provisions of Winsupply's Terms and Conditions of Sales shall prevail.
I. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT
Milford may assign its rights under this contract without Customer’s consent. Customer may not sublet or loan the equipment without Milford’s express written permission. Any purported assignment by Customer is VOID and constitutes a breach of this Contract.
II. TITLE TO EQUIPMENT
All equipment rented by Customer shall remain the property of MILFORD even while in the possession of Customer. By executing this Contract, Customer has not acquired any rights of ownership in the equipment.
III. LOADING AND UNLOADING EQUIPMENT
The Liability for loading and unloading is assumed according to the agreed Terms of Sale. Customer is responsible for loading and unloading the equipment. If MILFORD’S agent or employees assist in loading or unloading the equipment Customer agrees to assume the risk of and hold harmless MILFORD’S agents and employees for any property damage that are caused in whole or in part by the negligence of MILFORD, its agents, or employees.
IV. DELIVERY AND PICKUP
Customer agrees to notify MILFORD 24 hours in advance of any requested delivery and/or pickup of the equipment, and any condition that would prevent the equipment from being picked up or delivered. MILFORD will only deliver or pick up equipment during regular business hours.
V. PERIODIC BILLING
The rental Invoice will be billed periodically during the Rental Period. If any equipment rented from MILFORD is retained for any period beyond the initial rental period, you agree that the signature on the original invoice will be considered valid and enforceable for all subsequent invoices arising from or related to the rented equipment.
VI. DISCLAIMER OF MANUFACTURER
Customer understands and acknowledges that MILFORD is neither the manufacturer of the equipment nor the agent of the manufacturer.
VII. INSPECTION, REPAIRS AND MAINTENANCE OF EQUIPMENT
Milford will supply the equipment in good operating condition. Customer acknowledges by signing this contract that they have personally inspected the equipment, are aware of the safe use of the equipment, including manufacturer’s safety warnings and instructions, if any, and accepts the equipment as being suitable for Customer’s needs and in good operating condition. Customer agrees that it will pay all cost of repairs during this Rental Period including labor, materials, parts, mileage, and other items, except for Normal Wear and Tear (when such Normal Wear and Tear repairs are completed in a Milford facility). Customer agrees not to cover, alter, substitute, or remove any Identification Insignia displayed on the equipment. Customer agrees that it shall prevent the equipment from being abused, overloaded, or used beyond its capacity.
VIII. TIRE/TRACK REPAIR OR REPLACEMEMT
Customer acknowledges that the cost of the repair and replacement of tires or tracks is not included in the standard rental rate. At MILFORD’S sole discretion, if the equipment is returned to MILFORD with damaged tires or tracks the Customer agrees to pay for the repair or replacement, with the exception being normal wear and tear.
IX. REPLACEMENT OF MALFUNCTIONING EQUIPMENT
If the equipment becomes unsafe or requires repair, Customer agrees to discontinue use and notify Milford immediately. Milford will repair or replace the equipment at its sole discretion with similar equipment in good working order, if available. Customer shall not attempt to repair the equipment.
X. TIME/PLACE OF RETURN
Customer will return equipment to the location where it was received. Failure to do so may result in Milford charging an additional fee at its sole discretion. Customer’s right to possession terminates on the expiration of the Rental Period and retention of possession after this time constitutes a material breach of this contract. Time is of the essence of this contract. Any extension must be mutually agreed upon in writing.
Upon a failure to pay the rental fee or any other breach of this contract, Milford may terminate this Contract and seek to take possession of the equipment and Milford and its agents shall not be liable for any claims for damages or trespass arising from the removal of the equipment. Customer agrees to pay for all costs associated with repossession of equipment.
XII. UNCLEAN, DAMAGED, FLUIDS AND LOST EQUIPMENT
Customer agrees to pay for any unclean, damaged or lost equipment including, but not limited to: (a) Loss or theft of accessory equipment such as, leads, electrical cords, heaters, facers, batteries, hoses, documentation, etc.; (b) Loss by willful neglect or abuse; (c) Mysterious or unexplained damage or disappearance; (d) Theft by person(s) entrusted with the equipment; and (e) Damage due to neglect, abuse, or misuse of the equipment regardless of cause, except reasonable wear and tear, during the Rental Period. If the equipment is returned to MILFORD requiring repair, other than normal wear and tear, Customer agrees to continue to pay rental charges until such equipment is returned to normal rentable condition. Customer also agrees to pay a reasonable cleaning charge for equipment returned unclean. Customer accepts that any engine driven equipment is received with full tanks of applicable operating fluids and must be returned in the same manner. Failure to do so will result in a service charge being assessed. Accrued rental charges cannot be applied against the purchase or cost of repairs of damaged or lost equipment. The cost of replacing equipment damaged beyond repair shall be paid by Customer. The cost of repairs will also be paid by Customer, regardless of whether such repairs are completed by Milford or a third-party repair service. Customer agrees to furnish Milford a POLICE REPORT via certified mail to Milford’s Legal Department at 7607 W. Industrial Ave., Midland, TX 79706 on all theft claims. Rental changes will continue until the POLICE REPORT is received by MILFORD’s Legal Department.
XIII. PROHIBITED USES
Customer agrees that the equipment shall be used only by a Qualified Person in the operation of such equipment and is solely responsible for providing Qualified Personnel. The following uses of the equipment is PROHIBITED, and such use constitutes a breach of this contract: (a) Use for illegal purpose or in an illegal manner; (b) Use when the equipment needs repair or is unsafe; (c) Improper or unintended use or misuse; (d) Use by anyone other than Customer or its employees without Milford’s written permission; and (e) Use at any location other than the area furnished to Milford without express written permission.