Rental agreement

1. Agreement and parties

This Rental Agreement is between 210 Equipment Rental LLC, a Texas limited liability company ("we", "us"), and the person named in the booking ("you"). It covers the equipment, dates, prices and fees in your booking confirmation, which are part of this Agreement. If you book for a company, you sign both for yourself and for the company, and both of you are responsible under this Agreement.

2. Who can rent

You are at least 21 years old, hold a valid driver's license, and the information and documents you gave us are true and belong to you. Your license and, for trailers, your auto insurance are current through the last day of the rental. We may refuse or cancel any rental before it starts and refund what you paid.

3. Where and how the equipment may be used

Only you, and for the skid steer people you personally supervise who are at least 18 and competent to operate it, may use the equipment. You will not rent, lend or sublet it to anyone else.

The equipment stays in Texas. The dump trailer is used on paved roads and firm, packed ground only, never in mud, deep sand, water or off road. The skid steer stays at the delivery address.

You will not use the equipment while impaired by alcohol or drugs, for any illegal purpose, for racing or towing other vehicles, or in any way that breaks a law or the manufacturer's instructions.

4. Your tow vehicle and hitching (dump trailer)

You promise your truck is rated to tow at least 14,000 lb and has a 2 5/16 inch ball rated for that weight, a working 7-pin connector and a working electric brake controller. You will not switch to a different tow vehicle without telling us.

You alone are responsible for hitching and unhitching, locking the coupler, crossing and attaching the safety chains and the breakaway cable, and checking the lights and brakes before every trip. We may refuse to release the trailer if your truck does not meet these requirements, and no refund is owed in that case if you arrive with an unsuitable truck.

5. Loads and prohibited materials

Keep cargo under 9,800 lb, spread it evenly, and cover every load with the tarp. Dirt, rock, gravel and concrete reach the weight limit well before the bed is full.

Never load hazardous or regulated waste, chemicals, fuel, oil, paint, solvents, asbestos, batteries, tires, appliances containing refrigerant, medical waste, dead animals, sewage or liquids, or concrete that has not cured. You are responsible for legally disposing of everything you haul, for all landfill fees, and for any fines or cleanup costs caused by what you load.

6. Skid steer delivery and operation

We deliver and pick up the skid steer. You will have someone at the site at drop off and pickup and give us a firm, level drop spot that a truck and trailer can reach safely. We are not responsible for damage to driveways, curbs, lawns, landscaping, sprinklers, septic systems or buried lines caused by delivering, picking up or operating the equipment where you direct us, except damage caused by our gross negligence.

You will call 811 and wait for utility locates before digging, keep bystanders and children clear, wear a seat belt, keep the safety bar down, not lift people, and stay within the rated operating capacity. One rental day allows 10 hours of run time on the hour meter. It goes out with a full tank of diesel and must come back full.

7. Inspection, photos and condition

Before you use the equipment you will look it over and photograph all sides. Anything wrong must be reported to us before use, or within 2 hours of skid steer delivery. If you do not report a problem, the equipment is considered to be in good working condition when you received it, and any damage found at return is presumed to have happened during your rental.

Return the equipment on time, in the same condition, swept out, with the dump bed lowered and the tarp, ramps, remote and any locks. We will photograph it at return. Normal wear from proper use is on us.

8. Breakdowns and accidents

If the equipment stops working properly, stop using it and contact us right away. Do not repair or modify it without our written permission. If the failure was not caused by misuse, we will repair or replace it, or refund the rent for the time it could not be used. That is your only remedy.

Report any accident, injury or damage to us immediately and to the police when required by law. Report theft to the police and to us within 24 hours and give us the police report number.

9. Your responsibility for the equipment

From the time you pick up or we deliver the equipment until we have it back, you are responsible for all loss, theft and damage to it from any cause, including weather, vandalism, accidents and acts of others, except normal wear. You will pay the lesser of the cost to repair it or its fair market replacement value for equipment of like kind and condition, plus loss of use at the daily rate while it is being repaired or replaced (up to 30 days), and reasonable towing, inspection and administrative costs. If you bought the damage waiver, Section 10 caps this amount.

Your auto insurance is primary for any liability while the trailer is attached to your vehicle, and for any business renter your general liability insurance is primary for the skid steer. Personal auto policies usually do not pay for damage to a rented trailer or skid steer, so you are personally responsible for that damage.

10. Damage waiver (optional)

If you buy the damage waiver at booking (12% of the rental charge), your responsibility under Section 9 for accidental damage to the equipment, including collision damage and theft, is capped at $500 for the dump trailer and $1,000 for the skid steer per rental. We cover the rest of the repair or replacement cost and the loss of use.

The damage waiver is not insurance and does not cover your liability to anyone else. It does not apply, and you are fully responsible, when the damage or loss results from: breaking Sections 3, 4, 5 or 6 (including overloading, prohibited loads, unauthorized drivers or operators, leaving Texas or off-road use); driving or operating while impaired; intentional or reckless acts; using the dump bed while moving or on uneven ground; improper hitching; failing to tarp a load; theft where the equipment was left unlocked or the theft was not reported to police and to us within 24 hours; tires, the tarp, ramps, remote or other loose items; cleaning, fuel, late fees, tickets or recovery costs; or anything that happens after the return time you agreed to.

If you decline the damage waiver, you are responsible for the full cost described in Section 9.

11. Deposit and payment authorization

A refundable security deposit is held on your payment card for each rental. After the equipment is returned and checked, we release the deposit or apply it to amounts you owe under this Agreement and release the rest. Your bank controls how long a released hold takes to disappear.

You authorize us to charge the payment card you give us for the rental, taxes, the fees listed in this Agreement, and the cost of any damage, loss, cleaning, fuel, late return, recovery, tickets, tolls or impound for which you are responsible, including amounts above the deposit. We will send you an itemized explanation and photos for any charge beyond the rental price. If you dispute a charge with your bank instead of with us first, you agree we may send your bank this Agreement, your signature record, your uploaded documents and our photos.

12. Fees

The fees in the fee table below are a reasonable estimate of our actual costs, which are hard to measure exactly in advance, and are not penalties. Taxes are charged as required by Texas law: motor vehicle gross rental receipts tax on the dump trailer and sales tax on the skid steer and delivery.

13. Late return, non-return and tracking

If you need more time, contact us before your return time. Extensions depend on availability and are not granted until we confirm them.

If the equipment is not returned on time and you have not arranged an extension, we may report it and pursue it as theft of service under Texas Penal Code §31.04. We may send a written demand to the address, email and phone number you gave us, and you agree those are correct and will stay current. After a missed return we may enter the place where the equipment is located, peacefully and without breaching the peace, to disable and recover it, and you will pay the recovery costs in the fee table.

The equipment may carry GPS and other tracking devices. You consent to us collecting its location and usage to protect and recover our property, and you will not tamper with or disable any tracking device.

14. Tickets, tolls and impound

You are responsible for all traffic and parking tickets, tolls, impound and storage charges during your rental, plus the administrative fee in the fee table.

15. Cancellation

Cancel at least 24 hours before your start time for a full refund. Cancellations within 24 hours are charged the late cancellation fee, and a no show is charged one day of rent. We may cancel if the equipment becomes unavailable or unsafe and will refund what you paid.

20. Governing law, venue and collection

Texas law governs this Agreement. Any lawsuit will be filed in the justice, county or district courts of Bexar County, Texas, and you consent to their jurisdiction. If we have to collect money you owe or enforce this Agreement, you will pay our reasonable collection costs and attorney's fees.

21. Electronic signature, records and messages

You agree to sign and receive this Agreement electronically. Typing your name and checking the boxes is your signature and has the same effect as signing on paper. We keep a record of the exact text you accepted, the time, your IP address and device, and your uploaded documents.

You agree we may contact you by phone call, text message and email about your booking, pickup, return and any charges. Message and data rates may apply. We use your license and insurance images only to verify and administer your rental, which includes automated reading of the expiration dates by our service providers.

22. Everything else

This Agreement, your booking confirmation and the fee table are our entire agreement and can only be changed in writing by us. If any part is found unenforceable, it will be limited to the minimum extent necessary and the rest stays in effect. Our not enforcing a term is not a waiver. Sections 9 through 14 and 16 through 20 survive the end of the rental.

Fee table