“”This Equipment Rental Contract (“Agreement”), is hereby entered into as of the date written on the first page, by and between Truckee Rents, Inc., a California corporation (“Truckee Rents”), and the individual or business whose name appears on the first page (“Customer”). For purposes of this Agreement references to “Truckee Rents Parties” shall mean Truckee Rents, its officers, directors, shareholders, employees, affiliates, agents, representatives, assigns, and successors; and “Customer Parties” shall mean the Customer, together with their business, affiliates, agents, assigns, family members and/or employees, as applicable.
Cancellation fee:
You may cancel your reservation for no charge 24 hours before rental reservation. Please note that a cancellation fee may apply equal to 15% of the daily rental rate for each piece of equipment reserved or $10, whichever is greater.
In consideration of Customer’s hiring and Truckee Rents’ rental of the equipment listed on the front of this Agreement (the “Rented Equipment”), Truckee Rents and Customer agrees as follows:
. INDEMNIFICATION.
A. EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, AND ON BEHALF OF ALL CUSTOMER PARTIES, CUSTOMER HEREBY INDEMNIFIES, RELEASES, AND HOLDS THE TRUCKEE RENTS PARTIES HARMLESS FROM AND AGAINST ALL CLAIMS LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), LIABILITIES AND DAMAGES (INCLUDING PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) ARISING OUT OF: (I) ALL CLAIMS BY OR AGAINST THE TRUCKEE RENTS PARTIES ARISING OUT OF CUSTOMER’S USE, OPERATION, STORAGE, OR TRANSPORT OF THE RENTED EQUIPMENT; AND (II) ALL CLAIMS BY OR AGAINST THE TRUCKEE RENTS PARTIES ARISING OUT OF CUSTOMER’S FAILURE TO COMPLY WITH ALL TERMS OF THIS AGREEMENT; BUT EXCLUDING CLAIMS DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE TRUCKEE RENTS PARTIES. CUSTOMER’S INDEMNITY OBLIGATION WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, CUSTOMER AGREES THAT THIS CLAUSE WILL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT CUSTOMER’S STATE OF RESIDENCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY.
B. NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT TO THE CONTRARY, NONE OF THE TRUCKEE RENTS PARTIES WILL BE LIABLE TO CUSTOMER, AND CUSTOMER WAIVES ANY CLAIM AGAINST THE TRUCKEE RENTS PARTIES FOR LOST USE, LOST PROFIT, LOST REVENUE, LOST SAVINGS, LOST REPUTATION, LOSS OF PRODUCTIVITY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED TO THE RENTAL OF THE RENTED EQUIPMENT, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RESULT FROM A BREACH OF THIS AGREEMENT.
. LIMIT OF LIABILITY.DURING THE RENTAL PERIOD (AS DEFINED IN SECTION 6. OF THIS AGREEMENT), CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH AND FULL RESPONSIBILITY FOR THE POSSESSION, CUSTODY, USE, AND OPERATION OF THE RENTED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, RENTAL CHARGES, TRANSPORT, LOADING AND UNLOADING, PROPERTY DAMAGES AND DESTRUCTION, LOSSES, PERSONAL INJURY, AND DEATH. CUSTOMER EXPRESSLY ASSUMES ALL RISK OF DAMAGE TO THE RENTED EQUIPMENT UNLESS CUSTOMER PURCHASED THE EQUIPMENT PROTECTION PLAN, WHICH ALLEVIATES CERTAIN COSTS AND RESPONSIBILITIES, AS PROVIDED IN SECTION 16. OF THIS AGREEMENT. FAILURE TO RETURN THE RENTED EQUIPMENT ON OR PRIOR TO THE END OF THE RENTAL PERIOD COULD LEAD TO CUSTOMER BEING PROSECUTED FOR A CRIME.
. OPERATORS. No operators are furnished, directly or indirectly with the Rented Equipment.
. RECEIPT AND INSPECTION OF EQUIPMENT. Customer hires the Rented Equipment on an “as is, where is, with all faults” basis. Customer acknowledges that Customer has personally inspected the Rented Equipment prior to its use or operation. Customer has the sole responsibility for determining whether the Rented Equipment is appropriate for Customer’s needs. Customer acknowledges receipt of all items listed in this Agreement and all safety instructions, manuals and hazard/warning “stickers” required under the law with respect to the Rented Equipment, that the Rented Equipment is in good working order and repair, and that Customer understands the proper operation and use of the Rented Equipment without additional instructions.
. POSSESSION/TITLE. Customer’s right to possession of the Rented Equipment begins when the Rented Equipment leaves the premises of Truckee Rents and terminates on the Agreed Return Date indicated on the front of this Agreement. Retention or possession of the Rented Equipment after the end of the Rental Period (as defined in Section 6. of this Agreement) constitutes a material breach of this Agreement; whereupon, Truckee Rents shall continue to charge Customer for the Rented Equipment at the daily or weekly rate noted on the front page of this Agreement for each day or partial day (or each week or partial week, as applicable) that the Rented Equipment remains in Customer’s possession until Customer returns such Rented Equipment to Truckee Rents.
Time is of the essence of this Agreement. Any extension of this Agreement must be agreed upon in writing. Title to the Rented Equipment is and shall remain in Truckee Rents.
. RENTAL PERIOD, RENTAL RATES, AND PAYMENT.
A. The “Rental Period” for each item of the Rented Equipment commences upon the execution of this Agreement and ends on the Agreed Return Date specified on the first page of this Agreement for the specified Rented Equipment (the “Agreed Return Date”). The Rental Period shall not exceed a maximum of twenty-four (24) hours unless a longer term is specified in the Agreed Return Date. Rental rates are based upon single shift usage (up to eight (8) hours per day if the Rented Equipment is rented on a daily basis or up to five (5) days per week if the Rented Equipment is rented on a weekly basis).
B. The rental rate(s) specified on the first page of this Agreement begin immediately upon the Rented Equipment leaving the premises of Truckee Rents and end upon Customer’s return of the Rented Equipment to Truckee Rents in an acceptable condition, Truckee Rents’ retrieval or recovery of the Rented Equipment, or Truckee Rents’ determination of the total loss of the Rented Equipment, as applicable; provided, however, that if Customer returns the Rented Equipment prior to the end of the Rental Period, Truckee Rents shall charge Customer for the full duration of the Rental Period. The specified rental rates multiplied by the number of whole or partial days or weeks (based on the rental rate) during which the Rented Equipment remains in Customer’s possession or custody is hereinafter referred to as the “Rental Charges”. No allowance will be made for Saturdays, Sundays, Holidays, or time in transit, nor for any period of time the Rented Equipment may not be in actual use while in Customer’s possession or custody. Rental Charges shall be separate and apart from any applicable sales taxes, late payment fees, cleaning fees, costs of recovery, or any other amounts due from Customer under this Agreement.
C. Immediate and prompt payment of the “Amount Due” as listed on the first page of this Agreement is due upon execution of this Agreement. If Customer has an outstanding balance payable to Truckee Rents for the Rented Equipment after the last day of the month following the execution of this Agreement, Truckee Rents shall charge Customer a late payment fee in the amount of 1.5% of the total outstanding balance per month or partial month until Customer pays Truckee Rents the full outstanding balance.
D. Customer agrees to pay Truckee Rents a fee (which may go to Truckee Rents’ general revenue and be utilized by Truckee Rents to pay its environmental expenses and costs of compliance with environmental laws) for environmental compliance.
E. Local, county, and/or California state sales taxes shall apply to all charges, fees, and amounts due under this Agreement.
. 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 rental 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, tire damage, breakage, improper use, abuse, lack of cleaning, dirtying of equipment by paint, mud, plaster, concrete, resin or any other material. A cleaning charge will be made on equipment returned unclean.
. COMPLIANCE WITH LAWS/USE OF EQUIPMENT. Customer agrees not to use, operate, transport or store, or allow anyone to use, operate, transport, or store the Rented Equipment for any purpose or in any manner in violation of applicable laws, regulations, ordinances. Customer agrees at its sole cost and expense to comply with all local, municipal, county, state and federal laws, ordinances and regulations and the American National Standards Institute (“ANSI”) standards which may apply to the use, operation, transportation, or storage of the Rented Equipment during the Rental Period. Customer further agrees to pay all licenses, fines, fees, permits, registrations, or taxes arising from the use, operation, transportation, or storage of the Rented Equipment, including any amounts determined to be due following the beginning of the Rental Period.
Customer shall not allow any person who is not qualified and who has not received and understands safety and operating instructions and who does not utilize all safety equipment required, to use or operate the Rented Equipment. Customer shall not allow any person to use or operate the Rented Equipment when it is in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the
Rented Equipment; permit any repairs to the Rented Equipment without Truckee Rents’ prior written permission; or, allow a lien to be placed upon the Rented Equipment.
Customer agrees to check filters, oil, fluid levels, air pressure, clean and visually inspect the Rented Equipment at least daily and to immediately discontinue use or operation of the Rented Equipment and notify Truckee Rents when Rented Equipment is found to need repair or maintenance or is not properly functioning. Customer acknowledges that Truckee Rents has no responsibility to inspect the Rented Equipment while it is in Customer’s possession.
. RETURN OF EQUIPMENT. Customer agrees to return to Truckee Rents the equipment in as good condition and repair as when received (excepting Ordinary wear and tear as described in Section 7. of this Agreement), clean and free from any contamination, on or before the end of the Rental Period. Customer shall return the Rented Equipment during Truckee Rents’ normal business hours. Customer shall be liable for all damages (up to the full replacement cost of the Rented Equipment and loss of rental revenue) to or loss to the Rented Equipment and liability incurred prior to Rented Equipment’s return to Truckee Rents, including without limitation, any damages to or loss of the Rented Equipment due to theft, fire, flood, or earthquake. Customer shall be responsible for all costs incurred by Truckee Rents recovering and returning the Rented Equipment (whether damaged or otherwise) to Truckee Rents’ premises. If Customer pre-arranges with Truckee Rents to have Truckee Rents retrieve the Rented Equipment at the end of the Rental Period from a location other than the Customer’s address listed on the first page of this Agreement, Customer agrees to provide a secure storage location for the Rented Equipment, and Customer accepts all risk including damage to and liability relative to the Rented Equipment until Truckee Rents so retrieves the Rented Equipment.
. DISCLAIMER OF WARRANTIES. Truckee Rents does not design or manufacture the Rented Equipment and is not the agent of the manufacturer or any other supplier of the Rented Equipment. TRUCKEE RENTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE RENTED EQUIPMENT, ITS DURABILITY, CONDITION, merchantability or fitness for any particular use or purpose. 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. Truckee Rents 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, transportation of, storage of, or any failure of the Rented Equipment. Truckee Rents shall not be responsible for any defect or failure unknown to the Truckee Rents. Customer’s sole remedy for any failure of or defect in the Rented Equipment shall be repair or replacement of the Rented Equipment or a Rental Charge adjustment at the sole discretion of Truckee Rents, provided that Customer notifies Truckee Rents immediately and in writing of such failure and returns the malfunctioning Rented Equipment to Truckee Rents within twenty-four (24) hours of such failure, and provided that the failure or malfunction of the Rented Equipment is not attributable to matters other than “Ordinary wear and tear” as described in Section 7. of this Agreement.
. INTERPRETATION. The section, other headings, and Customer’s purchase order or contract number in this Agreement are for reference only and shall not be construed to affect the meaning of any provision contained herein.
. SUBLETTING; ASSIGNMENT. Customer shall not move the Rented Equipment from the address at which Customer represented it was to be used without prompt written notification to Truckee Rents and the written consent of Truckee Rents. Customer shall not rent or hire out the Rented Equipment to any other party during the Rental Period. Customer may not assign this Agreement with the prior written consent of Truckee Rents, which Truckee Rents may withhold in its sole and absolute discretion. Truckee Rents freely may assign this Agreement at any time and to any party, with written notice to Customer at the address provided on the first page of this Agreement.
. DEFAULT AND REMEDIES.
A. To extend the Rental Period, Customer must obtain Truckee Rents’ written approval prior to the expiration of the Rental Period. Customer shall be in default of this Agreement if Customer retains possession or custody of the Rented Equipment beyond the Rental Period, or if Customer returns or Truckee Rents recovers or receives the Rented Equipment not in as good order and condition as when Customer received the Rented Equipment. In the event of a default under this Section 13.A. of this Agreement, Customer acknowledges and agrees that Truckee Rents shall continue to charge Customer the Rental Charges for the Rented Equipment at the rental rates specified on the first page of this Agreement for each whole or partial day or each whole or partial week (based on the rental rate) following the end of the Rental Period, until the latest of: (i) Customer’s return of the Rented Equipment to Truckee Rents, (ii) Truckee Rents’ retrieval or recovery of the Rented Equipment, (iii) Truckee Rents’ determination in its sole discretion of the total loss of the Rented Equipment, or (iv) the 30thday after the expiration of the Rental Period, as applicable.
B. In the event that Truckee Rents determines Customer has violated any term or condition of this Agreement, Truckee Rents may take all action necessary to secure either: (i) the return of the Rented Equipment; or (ii) funds equal to the value of the Rented Equipment based upon the condition of the Equipment at the beginning of the Rental Period (the “Present Value”). In the event Truckee Rents must take actions pursuant to this Section 13.A. or 13.B., Customer will reimburse Truckee Rents for all costs incurred including, without limitation, reasonable attorney’s fees.
C. Exercise of any remedy available to Truckee Rents shall not constitute an election of remedies or a waiver of any additional remedies to which Truckee Rents may be entitled.
D. CUSTOMER HEREBY AGREES THAT CUSTOMER IS NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY TRUCKEE RENTS OTHER THAN WHAT IS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. Should Truckee Rents fail to meet any of its obligations under this Agreement, Customer’s only remedy is repair or replacement of the Rented Equipment or a Rental Charge adjustment at the sole discretion of Truckee Rents.
E. Regardless of fault, Customer is responsible for all loss of and damage to the Rented Equipment (including without limitation, loss of or damage to the Rented Equipment caused by theft, abuse, misuse, neglect, intentional acts, and acts of nature), except as provided in Section 16. of this Agreement. Customer’s responsibility includes: (i) all physical damage to the Rented Equipment measured as follows: (a) if determined that the Rented Equipment is a total loss, the Present Value of the Rented Equipment (the “Replacement Cost”); (b) if determined that the Rented Equipment is repairable, the “Repair Cost” consisting of either: (I) the difference between the Present Value and the fair market value of the Rented Equipment immediately after the damage, or (II) the reasonable estimated retail value or actual cost of repair recommended by an adjuster from Truckee Rents’ insurance carrier plus “Diminished Value” which, subject to state law and policy terms and conditions, is measured by calculating the actual cash value of the Rented Equipment just prior to damage less the value of the Rented Equipment after repair); (ii) loss of use of the Rented Equipment by Truckee Rents for any purpose due to damage to it or loss of it entirely during the Rental Period (“Loss of Use”), which such loss of use is measured by multiplying the rental rate by the actual or estimated number of days or weeks from the date the Rented Equipment is damaged until it is replaced or repaired, which Customer agrees represents a reasonable estimate of Loss of Use damages and not a penalty; (iii) a reasonable administrative fee for expenses and costs associated with processing claims for the loss of, Loss of Use of, and/or damage to the Rented Equipment (the “Administrative Charges”); (iv) towing, storage, and impound charges and other reasonable incidental and consequential damages, as applicable (“Incidental Charges”); and (v) all costs associated with Truckee Rents’ enforcement of this Agreement or collection of amounts payable to Truckee Rents, including without limitation, attorneys’ fees, collection fees, and costs, whether or not litigation is commenced (“Enforcement Charges”). Customer shall be responsible for replacing any lost or missing keys and documentation with respect to the Rented Equipment. Customer is liable for the costs of all losses under this Section 13.E. regardless of whether Customer is compensated or reimbursed by any insurance carrier, except as provided in Section 16. of this Agreement. Customer must report all incidents of theft or vandalism of the Rented Equipment and any collisions involving the Rented Equipment to Truckee Rents and the police immediately upon discovery. Failure to comply with the reporting obligations of the preceding sentence constitutes a default and material breach of this Agreement.
F. Tampering with, modifying, removing any Telematics System (as defined in Section 22.N. of this Agreement) from the Rented Equipment shall constitute a default and material breach of this Agreement.
. RETAKING OF EQUIPMENT. If for any reason it becomes necessary for Truckee Rents to retake the equipment, Customer authorizes Truckee Rents to retake the equipment without further notice or further legal process and agrees that Truckee Rents shall not be liable for any claims for damage or trespass arising out of the removal of the Rented Equipment from any location.
. LEGAL FEES. In the event an attorney is retained to enforce any provision (including collection costs) of this 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.
. EQUIPMENT PROTECTION PLAN.
A. Equipment Protection Plan is Not Insurance Nor Collision Damage Waiver. Truckee Rents offers an equipment protection plan as an optional service, that if selected, modifies this Agreement to relieve Customer of the Replacement Cost or Repair Cost, Loss of Use, Administrative Charges, Incidental Charges, and Enforcement Charges (each as described in Section 13.E. of this Agreement) that Truckee Rents may assess against Customer if the Rented Equipment is damaged during the Rental Period beyond Ordinary wear and tear, subject to the limitations as set forth below (the “EPP”). The EPP does not relieve or absolve Customer from any third party claims involving the Rented Equipment. Customer must initial under the EPP statement on the first page of this Agreement to affirmatively select the EPP. By Customer accepting the EPP on the front of this Agreement, and subject to the reporting requirements of Section 13.E. of this Agreement, Truckee Rents and Customer agree that Truckee Rents will (i) charge Customer 13% of the Rental Charges for the EPP services, and such charge will appear as a separate line-item on the first page of this Agreement; and (ii) waive certain claims (e.g., attributable to fire, flood, wind, accidental damage, and earthquake) against Customer for direct physical damage to the Rented Equipment while in use, operation, transport, or storage by the Customer during the Rental Period.
B. Notwithstanding the foregoing the following conditions are not covered under the Equipment Protection Plan:
i. Any item of the Rented Equipment or part thereof which is not returned for whatever reason, including theft;
ii. Damage resulting from improper use, operation or storage of the Rented Equipment, failure to adequately secure the Rented Equipment during transportation, overloading or exceeding the rated capacity of the Rented Equipment;
iii. Damage to motors or other electrical appliances or devices caused by artificial current;
iv. Damage to tires, tubes and wheels caused by blowout, bruises, cuts and other causes inherent in the use of the equipment.
v. Damage as a result of vandalism or malicious mischief or intentional abuse by the Customer or unrelated third parties;
vi. 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 the Rented Equipment;
vii. All damage resulting from overturning;
viii. All damage resulting from use, operation, transportation, or storage of the Rented Equipment in violation of any provision of this Agreement, violation of any law, ordinance or regulation, including without limitation, operation of the Rented Equipment while intoxicated or under the influence of prescription, recreational, or other medications in violation of the California Motor Vehicle Code.
D. In the event Customer does not elect to purchase the EPP services, Customer agrees that an estimated “Repair Cost” will be charged for the Rented Equipment that is returned with damage due to abuse, misuse, neglect, or intentional acts. The Repair Cost will not exceed the Present Value of the Rented Equipment.
. NOTICE OF NON-WAIVER; SEVERABILITY. Any failure of Truckee Rents to insist upon strict performance by Customer as regards any provision of this Agreement shall not be interpreted as a waiver of Truckee Rents’ right to demand strict compliance with all other provisions of this Agreement against Customer or any other person. The provisions of this Agreement shall be severable so that the unenforceability, invalidity or waiver of any provision shall not affect any other provision.
. INSURANCE. Customer shall maintain in full force and effect during the term of this Agreement separate General Liability and Automobile Liability insurance policies with coverage limits for bodily injury, including death, personal injury and/or property damage that will respond as primary coverage for Customer’s liability and all obligations outlined under this Agreement. In addition to the foregoing, Customer shall maintain Property Insurance in an amount adequate to cover any loss and/or damage to the Rented Equipment, up to full Replacement Cost. Customer shall furnish Truckee Rents with a Certificate of Insurance evidencing the foregoing insurance requirements and naming Truckee Rents as an additional insured, upon written request. Customer to furnish Truckee Rents with Customer’s liability insurance and provide certificate naming Truckee Rents as an additional insured and a loss payee, upon written request.
. ENTIRE AGREEMENT; AMENDMENT(S). This Agreement constitutes the entire agreement between the parties relating to the Rented Equipment and supersedes all prior and contemporaneous written or oral agreements and understandings of the parties in connection therewith. No prior representation, warranty, covenant, agreement or condition not expressed in this Agreement shall be binding upon the parties to this Agreement or shall affect or be effective to interpret, change or restrict the provisions of this Agreement. This Agreement may not be modified or amended except in the form of a written amendment to this Agreement that an authorized personnel of Truckee Rents and Customer or Customer’s authorized agent have signed and on a form that Truckee Rents provides, except that Truckee Rents may terminate this Agreement at any time and without Customer’s consent as provided in Section 13. of this Agreement.
. NATURE OF THE CONTRACT. This Agreement is a contract for the rental of tools and other small and large equipment offered to the Customer. This rental is solely a bailment for mutual consideration. The relationship between the parties to this Agreement is that of independent contractors. Customer is not the agent or authorized representative of Truckee Rents for any purpose. By signing this Agreement, Customer agrees to all terms and conditions of this Agreement. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the Customer Parties and the Truckee Rents Parties, any rights or remedies under or by reason of this Agreement.
. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws principles, except to the extent pre-empted by United States federal laws.
. MISCELLANEOUS.
A. This Agreement may be executed in counterparts, all of which shall constitute the same Agreement, notwithstanding that all parties to this Agreement are not signatory to the same or original counterpart. This Agreement and any amendments hereto may be executed or delivered electronically (including .pdf or any electronic signature complying with the U.S. Federal ESIGN Act of 2000) and any such execution and delivery shall have the same effect as physical delivery of a signed original. No party shall raise the use of electronic transmission to deliver a signature or the fact that any signature, agreement, or amendment was transmitted electronically as a defense to the formation of this Agreement. Signature and acknowledgment pages may be detached from the counterparts and attached to a single copy of this Agreement to physically form one (1) document.
B. Before digging, it is the sole responsibility of the Customer to follow the requirements of the regional notification center law pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code. By signing this Agreement, the Customer accepts all liabilities and responsibilities contained in the regional notification center law. Customer must call 811 before digging.
C. Unless paying by personal check or with cash, Customer expressly authorizes Truckee Rents to charge Customer’s credit card account, all amounts shown on the front page of this Agreement, and all charges subsequently incurred by Customer under or related to this Agreement, including but not limited to: (i) extension of the Rental Period and additional Rental Charges as described in Section 13.A. if this Agreement; (ii) any charges incurred in connection with the recovery of the Rented Equipment; and (iii) any charges incurred for failure to return the Rented Equipment, INCLUDING, WITHOUT LIMITATION, ADDITIONAL RENTAL CHARGES AND THE PRESENT VALUE OF THE RENTED EQUIPMENT IN THE EVENT OF THEFT OR TOTAL LOSS OF THE RENTED EQUIPMENT. To the extent required by applicable payment card network rules, Truckee Rents will obtain Customer’s additional authorization to charge Customer’s credit card, if applicable, for any insurance costs related to Rented Equipment loss, theft, or damage during the Rental Period. ALL CHARGES ARE SUBJECT TO A FINAL AUDIT BY TRUCKEE RENTS.
D. Customer may revoke its authorization of Truckee Rents to charge Customer’s credit card at any time, upon written notice to Truckee Rents at the address listed on the first page of this Agreement; provided, however, that such revocation shall not apply to any charges pending at the time of such revocation.
E.