707 W Michigan Ave, Paw Paw, Michigan
IMPORTANT: THIS IS A CONTINUING AGREEMENT THAT APPLIES TO YOUR CURRENT RENTAL AND FUTURE RENTALS FROM PAW PAW RENTALS. PLEASE READ IT CAREFULLY.
For good and valuable consideration, you and Paw Paw Rentals Company, LLC, doing business as Paw Paw Rentals ("PPR"), agree as follows.
As used in this Agreement:
"Agreement" means this Master Rental Agreement and these Terms and Conditions, as amended from time to time as provided below.
"Rental Order" means each rental contract, invoice, reservation, order, ticket, receipt, or other document or electronic record issued by PPR identifying rented equipment or other items, rental dates or periods, charges, and/or other transaction-specific terms.
"Rental Contract" means, for each individual rental transaction, the applicable Rental Order together with this Agreement and any applicable addendum or policy incorporated into it.
"Rented Item," "Rented Items," "Item," or "Items" means any equipment, tools, vehicles, trailers, attachments, accessories, safety equipment, party or event equipment, or other property rented or provided to Customer by PPR.
"Term" means the rental period stated on the applicable Rental Order, together with any extension and any additional period during which Customer retains possession or control of a Rented Item.
"Site" means the delivery, operation, use, storage, or other location identified on the applicable Rental Order or otherwise approved by PPR.
"Customer," "Lessee," "you," and "your" mean the individual or entity identified as the customer on the applicable Rental Order.
"PPR," "Lessor," "we," "us," and "our" mean Paw Paw Rentals Company, LLC, doing business as Paw Paw Rentals.
This Agreement is a continuing master rental agreement between Customer and PPR. Customer's acceptance of this Agreement applies to Customer's current rental and all future rentals from PPR, without requiring Customer to sign or separately accept this Master Rental Agreement again for each rental.
PPR is not obligated to make any future rental to Customer, and Customer is not obligated to rent from PPR in the future. Each future Rental Order is a separate rental transaction governed by this Agreement.
For each future rental, Customer's reservation or authorization of the rental, payment of any rental charge or deposit, pickup or acceptance of delivery of a Rented Item, possession of a Rented Item, or operation or use of a Rented Item constitutes Customer's acceptance of the applicable Rental Order and the Agreement and policies applicable to that rental.
If Customer is a corporation, limited liability company, partnership, government entity, association, or other organization, each person accepting this Agreement or authorizing, accepting, receiving, possessing, or using Rented Items on Customer's behalf represents that he or she is authorized to act for and bind Customer.
Customer agrees to rent the Rented Items identified on each Rental Order for the applicable Term and on the terms stated in the Rental Contract.
Customer agrees to pay PPR the stated rental rates ("Rent") together with all other applicable charges, fees, taxes, damages, costs, and amounts due under the Rental Contract.
Rent continues until the Rented Items are returned to and accepted by PPR in the condition required by this Agreement, unless otherwise expressly agreed by PPR.
Amounts owed to PPR may include, as applicable, Rent, overtime or overuse charges, late charges, delivery and pickup charges, fuel charges, cleaning charges, environmental charges, Damage Waiver charges, repair or replacement costs, taxes, fines, fees, and other amounts permitted by the Rental Contract or applicable law.
PPR may apply any deposit, prepayment, credit, or other amount held by PPR against amounts Customer owes PPR. A deposit or prepayment does not limit Customer's liability.
Except as otherwise expressly stated in a Rental Order, the Party and Event Rental Terms below, or another written PPR policy applicable to the rental, prepayments and deposits are non-refundable.
Property left in, on, or with a Rented Item after its return may, at PPR's option and to the extent permitted by law, be considered abandoned.
PPR owns and retains title to all Rented Items at all times.
Customer receives only the temporary right to possess and use the Rented Items during the applicable Term and only in accordance with the Rental Contract.
Customer acquires no ownership interest in any Rented Item.
Unless otherwise specifically stated on the Rental Order or agreed by PPR, equipment rental rates are based on normal single-shift use not exceeding:
Additional Rent or usage charges may apply for excess operating hours, late returns, extended possession, or other overuse.
No allowance or reduction in Rent will be made because of weekends, holidays, weather, transportation time, job-site delays, lack of use, or other periods during which Customer does not use a Rented Item, except as expressly agreed by PPR.
Upon Customer's receipt of a Rented Item or PPR's delivery of a Rented Item to the Site, unless Customer immediately rejects the Item and notifies PPR of the reason, Customer acknowledges and agrees that:
Before using equipment to dig, excavate, drill, trench, bore, drive stakes, or otherwise disturb the ground, Customer is solely responsible for arranging all required utility locating and marking, including contacting MISS DIG/811 when applicable.
Customer must immediately stop using any Rented Item that becomes damaged, breaks down, malfunctions, becomes unsafe, or appears defective and must promptly notify PPR.
Customer is responsible for ensuring that every person who operates, uses, transports, handles, assembles, installs, or otherwise interacts with a Rented Item:
Customer is responsible for the acts and omissions of all persons whom Customer permits to possess, operate, use, transport, or otherwise deal with a Rented Item.
Customer will not, and will not permit any other person to:
Customer may not sell, assign, loan, rent, sublease, pledge, transfer, or otherwise give possession or control of a Rented Item to another person or entity without PPR's prior consent.
Customer will not permit any lien, security interest, claim, attachment, levy, or encumbrance to be placed on a Rented Item.
PPR may assign or transfer its rights under a Rental Contract to the extent permitted by law.
If PPR agrees to provide delivery, pickup, setup, retrieval, or another service, Customer agrees to pay the applicable charges.
Customer will provide PPR safe, lawful, and reasonable access to the Site at the agreed times.
Customer is responsible for ensuring that the Site is suitable and accessible for delivery, pickup, operation, setup, and retrieval of the Rented Items.
If Customer or Customer's representative is not present at delivery or pickup, PPR's records regarding delivery, pickup, quantities, condition, operating hours, fuel level, and other relevant facts will be presumed accurate unless Customer promptly establishes otherwise.
PPR is not responsible for delays caused by weather, traffic, Site conditions, government action, utilities, third parties, other contractors, suppliers, carriers, or circumstances outside PPR's reasonable control.
Customer will protect, properly operate, maintain, and care for each Rented Item throughout the Term.
Customer must keep Rented Items reasonably secure and protected from theft, vandalism, weather, unauthorized use, and damage. When appropriate, equipment must be stored in a secure location and locked when unattended.
Customer will perform routine operator maintenance required by the Instructions, including checking and maintaining appropriate fluid levels when applicable.
Customer must return each Rented Item:
Customer is responsible for Rent and other charges until the Rented Item is actually returned to and accepted by PPR.
Customer is responsible for costs resulting from late return, excessive cleaning, missing components, improper fuel, contamination, damage, loss, or failure to comply with these return requirements, except to the extent responsibility for covered physical damage is limited by an applicable PPR Rental Damage Waiver.
Customer agrees to maintain all insurance required by applicable law and any insurance reasonably required by PPR for the applicable rental.
PPR may require liability insurance with limits acceptable to PPR based on the type of equipment and rental.
With respect to physical loss of or damage to Rented Items, Customer must satisfy PPR's physical-damage protection requirements by either:
PPR may determine whether proof of insurance is acceptable. PPR may require applicable insurance to name PPR as an additional insured and/or loss payee, waive subrogation against PPR, be primary and non-contributory, or satisfy other commercially reasonable requirements.
The Rental Damage Waiver is not liability insurance and does not replace liability insurance, automobile insurance, workers' compensation coverage, or any other insurance required by law or by the Rental Contract.
Customer must immediately stop using and notify PPR of any Rented Item that malfunctions, breaks down, becomes damaged, or becomes unsafe.
Customer may not repair or authorize another person to repair a Rented Item without PPR's prior approval.
If a malfunction was not caused by Customer's misuse, negligence, damage, failure to follow Instructions, unauthorized repair, breach of the Rental Contract, or another matter for which Customer is responsible, PPR may, at its option:
To the maximum extent permitted by law, these are Customer's exclusive remedies for a malfunction or breakdown.
RENTED EQUIPMENT CAN CAUSE SERIOUS INJURY, DEATH, AND PROPERTY DAMAGE IF IMPROPERLY TRANSPORTED, INSTALLED, OPERATED, MAINTAINED, OR USED.
Aerial lifts and powered tools and equipment, including equipment used for lifting, loading, towing, cutting, grinding, chipping, mowing, excavating, trenching, scraping, digging, shredding, breaking, boring, compacting, welding, or similar activities, must be used with great care and only by properly trained and qualified operators.
Customer accepts responsibility for determining the conditions at the Site and whether those conditions permit safe use of the Rented Items.
PPR is not the manufacturer or designer of the Rented Items.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RENTED ITEMS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS."
PPR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, DESIGN, QUALITY, CAPACITY, CONDITION, WORKMANLIKE PERFORMANCE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED.
Descriptions, photographs, specifications, recommendations, demonstrations, advertisements, models, or samples do not create a warranty by PPR.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER ASSUMES THE RISKS ASSOCIATED WITH THE POSSESSION, TRANSPORTATION, LOADING, UNLOADING, SELECTION, INSTALLATION, OPERATION, USE, STORAGE, MAINTENANCE, AND RETURN OF RENTED ITEMS.
Customer is responsible for injuries, losses, damages, claims, costs, and expenses caused by or arising from Customer's use, possession, transportation, operation, misuse, storage, or control of Rented Items or Customer's breach of the Rental Contract.
To the maximum extent permitted by law, Customer agrees to defend, indemnify, and hold harmless PPR and its owners, members, officers, employees, agents, insurers, representatives, successors, and assigns from claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
This indemnity does not require Customer to indemnify PPR to the extent a claim is finally determined to have resulted from conduct for which indemnification cannot lawfully be required.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PPR WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF USE, OR SIMILAR DAMAGES.
Except for liability that cannot legally be limited, PPR's aggregate liability arising from a Rental Contract will not exceed the amount of Rent actually paid to PPR for the Rented Item giving rise to the claim.
If a Rental Damage Waiver charge appears on the applicable Rental Order and Customer pays or agrees to pay that charge, eligible Rented Items identified on that Rental Order are subject to PPR's Rental Damage Waiver Policy then applicable to that rental.
The Rental Damage Waiver Policy is incorporated into this Agreement by reference and is available on PPR's Damage Waiver page at:
www.pawpawrentals.com/damage-waiver
Customer acknowledges and agrees that the Rental Damage Waiver is subject to all deductibles or customer-responsibility amounts, limitations, exclusions, reporting requirements, eligibility requirements, and other terms contained in the Damage Waiver Policy.
Customer's responsibility for physical damage covered by the Rental Damage Waiver is determined exclusively by the applicable Damage Waiver Policy. No separate percentage limitation or 80/20 allocation applies under this Master Rental Agreement.
If there is a conflict between this Agreement and the Damage Waiver Policy regarding coverage, customer responsibility, deductibles, exclusions, eligibility, claim procedures, or other matters specifically relating to the Rental Damage Waiver, the Damage Waiver Policy controls with respect to those matters.
This Agreement controls in all other respects.
Customer may decline the Rental Damage Waiver only by satisfying PPR's requirements for declining it, including providing acceptable proof of physical damage insurance before the applicable rental begins.
THE RENTAL DAMAGE WAIVER IS NOT INSURANCE AND IS NOT A WARRANTY.
Customer will be in default if Customer or any guarantor:
Upon default, and to the maximum extent permitted by applicable law, PPR may:
PPR's rights and remedies are cumulative. PPR's delay or failure to exercise a right or remedy does not waive it.
Customer's responsibility for loss of or damage to Rented Items remains subject to any applicable Rental Damage Waiver.
Rented Items may contain GPS, telematics, hour meters, diagnostic systems, cameras, or other tracking or monitoring technology.
To the extent permitted by law, PPR may monitor, locate, inspect, or collect information concerning Rented Items for purposes including asset protection, theft prevention, recovery, maintenance, safety, billing, operating-hour verification, diagnostics, and enforcement of the Rental Contract.
Customer will not tamper with, disable, remove, obstruct, or interfere with such systems.
PPR will not be responsible for delay or inability to perform caused by events outside PPR's reasonable control, including severe weather, fire, flood, accident, labor disruption, transportation delay, supply interruption, government action, utility interruption, equipment failure, acts of God, or acts or omissions of third parties.
Customer is responsible for applicable sales, use, environmental, excise, transfer, and other taxes, fees, fines, tolls, assessments, citations, and governmental charges attributable to Customer's rental, possession, transportation, or use of Rented Items.
Amounts due and not timely paid may accrue interest at the lesser of 18% per year or the maximum rate permitted by applicable law.
Customer agrees to pay any lawful returned-payment, chargeback, collection, recovery, repossession, or similar fees and costs incurred because of Customer's failure to pay or perform.
If PPR prevails in legal proceedings to collect amounts due or enforce a Rental Contract, Customer agrees to pay PPR's reasonable attorneys' fees and costs to the extent permitted by law.
To the extent permitted by applicable law and any payment authorization provided by Customer, PPR may charge amounts properly due under a Rental Contract to Customer's payment method on file.
To the extent permitted by law, Customer authorizes PPR to verify information Customer provides and to obtain credit or payment information reasonably necessary in connection with a rental. PPR will obtain any additional authorization required by law before obtaining a consumer report when such authorization is required.
This Agreement is a continuing master agreement and applies to Customer's current rental and all future Rental Orders and Rented Items Customer obtains from PPR unless PPR expressly agrees otherwise.
Customer understands and agrees that Customer is not required to sign this Master Rental Agreement again for each future rental.
Each Rental Order constitutes a separate rental transaction. Customer's reservation or authorization of a future rental, payment of a charge or deposit, pickup or acceptance of delivery, possession, operation, or use of a Rented Item constitutes Customer's acceptance of the Rental Contract applicable to that transaction.
PPR reserves the right to amend, modify, supplement, or replace this Agreement and any policy incorporated into it from time to time.
The current Rental Agreement will be made available on PPR's Rental Policy page at:
www.pawpawrentals.com/rental-policy
The current Rental Damage Waiver Policy will be made available on PPR's Damage Waiver page at:
www.pawpawrentals.com/damage-waiver
PPR is not required to provide Customer with separate, individualized, mailed, emailed, or text-message notice of changes to this Agreement or an incorporated policy.
Changes will apply prospectively to rental transactions entered into after the revised terms are posted and will not change the contractual terms governing a rental already in progress.
Customer is responsible for reviewing the then-current Agreement and applicable policies before entering into each new rental transaction.
By entering into, authorizing, paying for, accepting, taking possession of, operating, or using Rented Items in connection with a new rental after revised terms have been posted, Customer accepts and agrees to the terms then posted and applicable to that rental.
If Customer does not agree to revised terms, Customer must not enter into a new rental transaction with PPR.
For each rental transaction, the applicable Rental Order, this Master Rental Agreement, and any policy or addendum expressly incorporated into them constitute the entire agreement between Customer and PPR regarding that rental.
They supersede prior or contemporaneous oral statements, promises, negotiations, advertisements, and representations concerning that rental.
No oral statement by a PPR employee or representative modifies a Rental Contract.
If a transaction-specific term expressly stated on a Rental Order conflicts with this Master Rental Agreement, the transaction-specific term controls for that rental.
If the Damage Waiver Policy conflicts with this Agreement concerning the Rental Damage Waiver, Section 16 governs the order of precedence.
This Agreement and each Rental Contract are governed by the laws of the State of Michigan.
To the extent permitted by applicable law, any civil action arising out of or relating to a Rental Contract must be brought in a state or federal court having jurisdiction in or nearest Van Buren County, Michigan, unless PPR agrees otherwise.
Customer consents to such jurisdiction and venue and waives any objection based solely on inconvenient forum to the extent such waiver is permitted by law.
If any provision of a Rental Contract is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent legally permissible and, if necessary, modified or severed without affecting the remaining provisions.
PPR's failure or delay in enforcing a provision does not waive that provision or any other right.
A waiver on one occasion does not constitute a waiver on another occasion.
Except for persons expressly protected by an indemnity, release, or limitation of liability contained in this Agreement, there are no intended third-party beneficiaries of a Rental Contract.
Electronic signatures, digital signatures, electronic acceptance, photocopies, scanned signatures, and facsimile signatures will be treated as originals to the extent permitted by applicable law.
Customer agrees that electronic records maintained by PPR may be used to establish Customer's acceptance of this Agreement, a Rental Order, or another rental term.
Customer must return all Rented Items when due.
Failure or refusal to return rented property may subject Customer to civil remedies and, where the requirements of applicable law are met, criminal prosecution, including under MCL 750.362a.
Nothing in this section limits PPR's other rights or remedies.
These additional terms apply when Customer rents party, tent, event, linen, table, chair, inflatable, concession, or similar event equipment from PPR. They supplement the Master Rental Agreement. If these terms conflict with the general provisions of the Master Rental Agreement regarding a matter specific to a party or event rental, these additional terms control.
A party or event reservation is confirmed when PPR receives the deposit or other payment required for the reservation.
For orders placed 21 days or more before the event, a 50% deposit is required unless otherwise stated on the Rental Order. The remaining balance must be paid no later than 14 business days before the event.
For orders placed fewer than 14 business days before the event, the entire balance is due at the time of reservation unless PPR agrees otherwise.
The payment schedule stated on the applicable Rental Order controls if it differs from the general payment schedule above.
Reservations canceled less than 7 days before the equipment is scheduled to be delivered by PPR or picked up by Customer are subject to a cancellation charge equal to the full contract amount.
Customer may reduce quantities by up to 20% of the dollar amount of the Rental Order without penalty if the reduction is made at least 7 days before scheduled delivery or pickup.
Linen items are charged in full and are non-refundable.
There are no refunds for unused equipment.
There are no refunds for orders canceled during the month of June.
Unless another cancellation provision applies, other cancellations are subject to a $50 cancellation charge.
Customer is responsible for preparing the tent installation location before PPR arrives. Preparation includes:
Tent installation must occur on reasonably flat, suitable ground with adequate drainage.
PPR will make reasonable efforts to place the tent at Customer's requested location, subject to Site conditions, safety requirements, underground or overhead obstructions, access, and other practical considerations.
PPR will install a tent once at the agreed location. If Customer requests that a tent be relocated after installation, additional charges will apply and relocation is subject to PPR's approval and availability.
PPR may postpone, suspend, or refuse tent installation or removal during unsafe weather conditions.
Fires, open flames, and other prohibited heat sources are not permitted under tents.
Customer must not staple, nail, screw, pin, cut, or otherwise attach items to tents in a manner that could damage them.
Bare or excessively hot light bulbs, heaters, cooking equipment, and similar devices must not contact tent fabric or other combustible materials.
A TENT IS A TEMPORARY STRUCTURE AND IS NOT INTENDED TO PROVIDE PROTECTION DURING SEVERE WEATHER.
Customer is responsible for monitoring weather conditions and maintaining an evacuation plan. In severe or unsafe weather, occupants should leave the tent and seek appropriate permanent shelter.
Customer is responsible for identifying and marking underground utilities, irrigation systems, private utilities, invisible fencing, septic components, cables, pipes, and other underground improvements not identified through public utility locating services.
To the maximum extent permitted by law, PPR is not responsible for damage to unmarked or improperly marked underground utilities, irrigation systems, grass, landscaping, trees, shrubs, pavement, driveways, or other Site features resulting from installation, anchoring, delivery, pickup, or use of rented equipment.
PPR may provide delivery and pickup to approved areas for an additional charge.
Unless otherwise arranged, deliveries and pickups occur during PPR's normal business hours and to a reasonably accessible street-level, ground-level, or dock location.
Requested morning or afternoon delivery or pickup windows are requests only unless PPR expressly guarantees a specific time.
Customer is responsible for checking quantities and apparent condition promptly upon delivery.
Tables and chairs must be folded, stacked, and placed at the agreed pickup location unless other arrangements have been made.
Additional labor, waiting-time, or handling charges may apply if Items are not ready or accessible for pickup.
As a courtesy, PPR personnel may assist Customer with loading or unloading Customer's vehicle or trailer.
Customer is solely responsible for selecting and providing a vehicle or trailer that is properly sized, rated, equipped, secured, and legally suitable to transport the Rented Items.
To the maximum extent permitted by law, PPR is not responsible for damage to Customer's vehicle, trailer, or other property arising from loading or unloading except where liability cannot legally be excluded.
Customer is responsible for verifying quantities and condition before leaving PPR.
Items not returned when due are subject to additional Rent and other applicable charges until returned and accepted by PPR.
By signing, electronically accepting, or otherwise accepting this Master Rental Agreement, Customer acknowledges that Customer has had an opportunity to read and review it, understands its terms, and agrees to be bound by it.
CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT THIS IS A CONTINUING MASTER RENTAL AGREEMENT THAT APPLIES TO CUSTOMER'S CURRENT RENTAL AND FUTURE RENTALS FROM PPR WITHOUT REQUIRING CUSTOMER TO SIGN THIS AGREEMENT AGAIN FOR EACH RENTAL.
Customer understands that PPR may revise this Agreement and incorporated policies as described above, that revised terms will be made available on PPR's website, and that Customer's entry into a new rental transaction after revised terms are posted constitutes acceptance of the terms applicable to that new rental.