STANDARD TERMS AND CONDITIONS OF SALE

1.     GENERAL. This Agreement is between DIY DIS and the customer identified on the front page of this Agreement (“Renter”). DIY DIS will provide Renter the tools, large equipment, amnd aplliances described on the front page of this Agreement and in accordance with the terms set forth in this Agreement. DIY DIS will provide the Equipment “as is” and in good working condition during the rental period (the “Rental Period”) and according to the initial rental subtotal price identified on the front page of this Agreement (“Rental Price”). Renter agrees to return the Equipment prior to the expiration of the Rental Period, or to pay the additional rental fees described in Section 10. To the extent Renter has entered into a Master Rental Agreement (“MRA”) with DIY DIS and the terms of the MRA and this Agreement conflict, then the terms of the MRA will govern.

2.     PAYMENT. Renter is responsible for all charges due in full at the commencement of the Rental Period or upon DIY DIS’s request, using a payment card approved by DIY DIS, including deposits. Renter consents to the reservation of credit for estimated charges due, and authorizes DIY DIS to process all amounts due, on Renter Card. In the event Renter cancels delivery of large equipment within 12 hours of the scheduled delivery time, a cancellation fee will be charged to the credit card on file. All charges are subject to audit, and either party will promptly pay to or credit the other party for any necessary adjustments or corrections to charges as a result of the audit. Renter must notify DIY DIS in writing of any disputed amounts, including credit card charges, within thirty (30) days after the receipt of DIY DIS rental contract/invoice, or Renter will be deemed to have irrevocably waived its right to dispute such amounts. Renter will also pay all direct costs of collection, including attorney fees, and interest at the highest rate permitted by law on any past-due amounts.

3.     PERMITTED USE/RESTRICTIONS/MAINTENANCE. Renter agrees that DIY DIS has no control over the manner in which the Equipment is operated during the Rental Period. Renter warrants that:
(a)     Renter will inspect the Equipment to confirm that it is in good condition, without defects and is suitable for Renter’s intended use;
(b)     Renter has received all information requested regarding the operation of the Equipment;
(c)     DIY DIS is not responsible for providing operator or other training unless requested by Renter;
(d)     Renter will: (I) use the Equipment for its customary purpose, in compliance with all operating and safety instructions, (II) immediately discontinue use of the Equipment if it becomes unsafe or in a state of disrepair,  (III) not use the Equipment in a negligent, unauthorized, or abusive manner, and (IV) return the equipment in clean and good condition suitable for another Renter’
(e)     The Equipment will be kept in a secure location;
(f)     Renter will maintain possession of the Equipment and will not sublease, sell the Equipment, or assign this Agreement;
(g)     Renter will keep the Equipment free and clear of all liens, charges and encumbrances;
(h)     Renter will use the Equipment in compliance with all applicable laws and regulations;
(i)     Renter will not alter or cover up any decal or insignia on the Equipment or remove any operational or safety instructions;
(j)     Renter will not aid in the vandalism or theft of the Equipment;
(k)     Renter will not rent the Equipment upon the basis of false or misleading information;
(l)     Renter will not operate the Equipment while intoxicated or under the influence of any substance that impairs Renter’s ability to operate the Equipment; 
(m)     Renter will not remove, operate, or utilize the Equipment outside of Nebraska; and
(n) Renter will return the Equipment by 12:00 PM of the scheduled pickup day.

4. For Tool and Large Equipment Rentals Only. Renter is required to do the following:

  • Renter will maintain proper fuel, oil or lubrication levels in the tool and large equipment; and 
  • Renter further agrees to perform routine inspections on the Equipment, including inspections on leaks, cooling systems, water batteries, cutting edges, and cleaning in accordance with the manufacturer’s specifications.