Rental Contract

Equipment Rental Terms and Conditions

Rental Agreement: All rentals are subject to the terms outlined in this agreement. By signing this agreement, the renter acknowledges understanding and acceptance of these terms.

Rental Period: The rental period begins at the time of pickup or delivery and ends at the agreed-upon return date and time. Late returns may incur additional charges.

Rental Fees: Rental fees are due within fifteen days of invoices being sent. Payment methods accepted include Cash Check CC Venmo Cash App Zelle A security deposit may be required and will be refunded upon the return of the equipment in good condition.

Use of Equipment: Equipment must be used only for its intended purpose and in accordance with the manufacturer's instructions. The renter is responsible for any damage or loss of the equipment during the rental period.

Maintenance and Care: The renter agrees to maintain the equipment in good condition. Any issues or malfunctions must be reported immediately to the rental company.

Liability: The rental company is not liable for any injuries or damages resulting from the use of the equipment. The renter agrees to indemnify the rental company against any claims arising from the use of the equipment

Insurance: Renter may be required to provide proof of insurance covering the rented equipment. Optional insurance may be available through the rental company. If you are unable to provide insurance for the equipment, and you choose not to opt into inclusive insurance fee coverage offered by S&K, there will be a fee added to your order total to ensure coverage for any possible damages.

Governing Law: This agreement shall be governed by the laws of South Carolina.

Modifications: Any changes to this agreement must be made in writing and signed by both parties.

Charges for Damages

Responsibility for Damages: The renter is responsible for any damage that occurs to the rented equipment during the rental period, regardless of whether the damage was caused by the renter or a third party.

Assessment of Damage: Upon return of the equipment, a thorough inspection will be conducted by the rental company. Any damages will be documented, and the renter will be informed of the findings.

Types of Damages: Charges may apply for, but are not limited to: Physical Damage: Cracks, dents, or any structural damage. Functional Damage: Any damage that affects the operation of the equipment. Cosmetic Damage: Scratches, paint loss, or other aesthetic issues. Loss of Equipment: If equipment is lost or stolen, the renter will be charged the full replacement cost.

Damage Charges: The rental company will provide an estimate of repair or replacement costs, which may include: Repair Costs: For damages that can be repaired, including labor and parts. Replacement Costs: For equipment that is beyond repair, the full retail price of the equipment will be charged. If you are unable to provide insurance for the equipment, and you choose not to opt into inclusive insurance fee coverage offered by S&K, there will be a fee added to your order total to ensure coverage for any possible damages.

Right to Charge Card on File for Damages

Authorization: By signing this rental agreement, the renter authorizes the rental company to charge the credit or debit card provided at the time of rental for any damages incurred during the rental period.

Scope of Charges: The rental company reserves the right to charge the card on file for any of the following: Repair costs for any damage to the equipment. Replacement costs for any equipment that is lost, stolen, or deemed irreparable. Additional cleaning fees if the equipment is returned in an excessively dirty condition.

Notification: The rental company will notify the renter of any charges to the card on file, including the reason for the charge and a detailed description of the damage or loss.

Dispute Process: If the renter disputes any charges, they must provide written notice to the rental company within 24 hours of the charge notification. The rental company will review the dispute and provide a final decision.

Insurance Options: Renters are encouraged to obtain insurance to cover potential damages. Information on optional insurance coverage can be provided upon request.

Debt Collection In the event of any default or delinquency in the payment of amounts owed under this agreement, the Company reserves the right to engage a collection agency or third-party debt collector to recover the outstanding balance. The debtor agrees that the collection agency may communicate with them regarding the debt via mail, phone, or other means, and may obtain and use personal information necessary for debt collection purposes. The debtor further agrees to pay all costs, fees, and expenses, including reasonable attorney’s fees and collection agency fees, incurred by the Company or its agents in connection with the collection of overdue amounts.

Credit Card Authorization & Limitation of Liability for Fraud

Credit Card Authorization: By providing a credit or debit card and signing this rental agreement, the renter certifies that they are the authorized cardholder or have authorization from the cardholder to use the card for this transaction. The renter further agrees that the card may be used by S&K Rental for payment of all rental charges, taxes, fees, damages, late fees, cleaning fees, replacement costs, and any other amounts owed under this agreement.

Fraudulent Use of Card: If the renter provides a credit or debit card that is later reported as unauthorized, stolen, or fraudulent, the renter signing this agreement agrees to remain personally responsible for the full balance of the rental, including any additional damages, fees, or collection costs incurred. The Company shall not be liable for any unauthorized transactions or fraudulent charges made using any credit card, debit card, or other payment methods associated with our services. It is the responsibility of the cardholder to monitor their account activity and report any suspicious transactions to their credit card issuer immediately. The company disclaims any responsibility for losses incurred due to credit card fraud of misrepresentation on the part of the cardholder.

Chargeback Liability: The renter agrees not to dispute or initiate a chargeback for legitimate charges associated with this rental. Any chargeback filed for valid charges under this agreement will be considered a breach of contract.

Collection of Unpaid Balances: If a payment is reversed due to fraud claims, chargebacks, or insufficient funds, the renter agrees that S&K Rental may pursue all legal remedies to recover the balance owed. The renter shall be responsible for all costs of collection, including but not limited to court costs, administrative fees, interest, and reasonable attorney’s fees where permitted by law.

Identity Verification: S&K Rental reserves the right to verify the identity of the renter and cardholder by requesting identification, copies of the credit card used, or other verification documents prior to or after the rental transaction.

1. Rental Authorization

The Renter agrees to rent equipment from S&K Rental under the terms outlined in this agreement.

This agreement applies to the current rental and any future rentals unless otherwise replaced in writing.

2. Rental Period

The rental period begins when:

• Equipment leaves the S&K Rental yard • Equipment is delivered to the customer

The rental period ends when equipment is:

• Returned to S&K Rental • Inspected and accepted by S&K Rental staff

Late returns may incur additional charges.

3. Payment Terms

Payment may be made using:

• Credit Card • Debit Card • Cash • Check • Venmo • Cash App • Zelle

Invoices are due within 15 days unless otherwise stated.

Returned checks may incur a $35 NSF fee.

4. Credit Card Authorization

By providing a credit or debit card, the Renter authorizes S&K Rental to charge the card for:

• Rental fees • Taxes and processing fees • Late return charges • Cleaning fees • Fuel charges • Damage repairs • Replacement costs • Loss or theft of equipment • Collection costs and legal fees

Authorization remains valid until all charges under this agreement are paid in full.

5. Anti-Chargeback Agreement

The Renter agrees not to initiate a chargeback or payment dispute for legitimate charges associated with this rental.

If a chargeback is filed for valid charges, the Renter agrees to pay:

• The original balance owed • A $150 administrative chargeback fee • All bank dispute fees • Legal and collection costs

Filing a chargeback for legitimate charges is considered breach of contract.

6. Fraudulent Payment Liability

The Renter certifies that they are the authorized cardholder or have authorization from the cardholder to use the payment method provided.

If a payment method is later determined to be:

• Unauthorized • Stolen • Fraudulent

The individual signing this agreement remains personally responsible for the full balance owed.

7. Security Deposit and Damage Authorization

S&K Rental may place a security authorization hold of up to $2,500 per piece of equipment.

The Renter authorizes S&K Rental to charge the payment method on file for any damages discovered during inspection.

8. Equipment Use

The Renter agrees that equipment will:

• Be operated only by qualified operators • Be used only for its intended purpose • Not be altered or modified • Not be used illegally

The Renter is responsible for all operators.

9. Equipment Damage Responsibility

The Renter assumes full responsibility for damage to equipment during the rental period including damage caused by:

• Operator error • Jobsite conditions • Third parties • Improper transport

10. Equipment Loss or Theft

The Renter is responsible for the equipment from the moment it leaves the S&K Rental yard until it is returned and inspected.

If equipment is:

• Lost • Stolen • Destroyed • Not returned

The Renter agrees to pay the full replacement cost of the equipment.

Theft must be reported within 24 hours.

11. Equipment Pickup and Transport Liability

If the Renter transports equipment using their own vehicle or trailer, the Renter assumes full responsibility for:

• Loading the equipment • Securing the equipment • Transporting the equipment • Unloading the equipment

S&K Rental is not responsible for damage occurring during transport by the renter.

12. Loading Assistance Disclaimer

S&K Rental employees may assist with loading equipment as a courtesy.

This assistance does not transfer responsibility to S&K Rental.

The Renter remains responsible for safe transport.

13. Trailer and Tow Vehicle Responsibility

The Renter is responsible for ensuring their vehicle and trailer:

• Have adequate towing capacity • Are properly maintained • Comply with all transportation laws

14. GPS Tracking Disclosure

Certain equipment may contain GPS tracking devices for:

• Theft prevention • Equipment recovery • Location monitoring

By signing this agreement, the Renter consents to such tracking.

15. Cleaning and Fuel Charges

Equipment must be returned in similar condition.

Cleaning fees may range from $50 to $500 depending on severity.

Fuel shortages will be charged at market rate plus service fee.

16. Late Return Charges

Late returns may incur:

• Additional rental charges • Late penalties • Equipment recovery costs

Unauthorized extended possession may be charged at double the daily rental rate.

17. Limitation of Liability

S&K Rental shall not be liable for:

• Personal injuries • Property damage • Jobsite delays • Loss of income or profits

The Renter agrees to indemnify and hold S&K Rental harmless from claims arising from equipment use.

18. Insurance

The Renter may be required to provide proof of insurance covering rented equipment.

If insurance is not provided, an equipment protection fee may be added.

19. Debt Collection

Unpaid balances may be sent to a collection agency.

The Renter agrees to pay all costs associated with debt recovery including:

• Collection agency fees • Court costs • Attorney fees

Balances may accrue interest at 1.5% per month (18% annually).

20. Governing Law

This agreement shall be governed by the laws of the State of South Carolina.

Legal disputes shall be resolved in courts located in Lexington County or Richland County, South Carolina.

21. Electronic Signature Agreement

By signing electronically, the Renter agrees that:

• Electronic signatures are legally binding • The agreement is enforceable under the E-SIGN Act