HomeMy WebLinkAboutContract CAG-19-219
NlTEHAWK RENTAL CONTRACT
SWEEPERS
19713 58th PI S
UP117/1
Kent WA 98032
800-448-9364 0 }
sales indehawksweeaers.Corn — r-
Site Locatton(s) Contract Terms
Renton Airport,Renton WA Rental Start Date, 7/31/2019
Rental End Date, 8/7/2019
Job Name:
PO#:
Customer Info Ordered By: Jason Anderson
Renton Airport Written By: JH
616 West Perimeter Road Unit Start Mileage: per delivery acceptance sheet
Renton WA 98057 Unit Start Hours' per delivery acceptance sheet
Rental Period 7 days
Qty Description Rate Total
1 12019 NiteHawk Raptor II Sweeper Unit#3530 installed on {
{ Elsuzu NPR VIN#54DB4W1B6KS806296 $2,500.00 $2,500.00
. . . $145.00 $290,00
Rental Cost per Period $2,790.00
Sales Tax; $279.00
Payments Due Total: $3,o69.Do
Full Payment or City PO Due Prior to Delivery
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Customer Agrees to Pricing and Payment Schedule Outlined Above
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Sig a Date
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NITEHAWK SWEEPERS RENTAL AGREEMENT TERMS AND CONDITIONS
1.DEFINITIONS. "Equipment"means any one or more of the items identified as such on the first page of this
agreement,and shall include any accessories,attachments of other similar items delivered to Customer, "Customer"
means the person or entity identified as such on the first page of this agreement,including any representative,agent,
officer or employee thereof,"Store Location"means the NiteHawk address in the upper left-hand corner on the first
page of this rental agreement
2. AUTHORITY TO SIGN. Any individual signing this contract represents and warrants that he or she is of legal age,
and has the authority and power to sign this rental agreement as or for the Customer.
3.DISCLAIMERS OF WARRANTIES NiteHawk makes no warranties,express or implied,as to the merchantability
of the equipment or its fitness for any particular purpose. There is no warranty that the equipment is suited for
customers intended use,or that it is free from defects. Except as may be specifically set forth in this rental
agreement. NiteHawk disclaims all other warranties,either expressed or implied made in connection with this rental
transaction.
4. INDEMNITY/HOLD HARMLESS/DAMAGES. Customer acknowledges and assumes all risks inherent in the
operation and use of the Equipment by Customer,and will take all necessary precautions to protect all persons and
property from injury or damage or injury(including any loss of profits,business interruption or other special or
consequential damage(s)caused by,resulting from,or in any way connected with the Equipment,it operation or use,
or any defect with respect thereto. Customer agrees to defend,indemnify and hold NiteHawk harmless from and
against any and all liability,claims and damages of any kind(including attorneys'fees)for injuries or death to persons
and damage to property arising out of the use,maintenance,instruction,operation,possession,ownership or rental
of the Equipment,however caused.
5. RECEIPT&INSPECTION OF EQUIPMENT. Customer acknowledges that Customer will inspect the Equipment
prior to taking possession thereof,finds it in good working order and repair,and suitable for Customer's needs.
Customer is or will become familiar with the proper operation and use of each item of Equipment. Customer will
notify NiteHawk if there is any damage or inoperative components or accessories PRIOR to use of equipment.
Customer will sign and return acceptance paperwork
6. USE OF EQUIPMENT. Customer will not use or allow anyone to use the Equipment:(a)for an illegal purpose or
in an illegal manner,(b)without a license,if required under any applicable law,or(c)who is not qualified to operate
it. Customer agrees,at the Customer's sale expense,to comply with all applicable municipal,state,and federal laws,
ordinances and regulations(including O.S.H.A.),which may apply to the use of the Equipment.
Customer agrees to check filters,oil,fluid levels,tire air pressure,clean and visually inspect the Equipment
daily and to immediately notify NiteHawk when Equipment needs repair or maintenance. Customer
acknowledges that NiteHawk has no responsibility to Inspect the Equipment while it is the Customer's
possession. Customer acknowledges that they are responsible for all fuel costs related to use of equipment
7. MALFUNCTIONING EQUIPMENT. Should the Equipment become unsafe,malfunction or require repair.
Customer shall immediately cease using such Equipment and immediately notify NiteHawk. If such condition is the
result of normal operation,NiteHawk will repair or replace the Equipment with similar Equipment in working order if
such replacement Equipment is available.NiteHawk has no obligation to replace Equipment rendered inoperable by
misuse,abuse or neglect Customer's sole remedy for any failure or defect in the Equipment shall be the termination
of any rental charges accruing after the time of failure. The Equipment must be returned to the Store Location within
twenty-four hours from the time of defect in order to terminate rental charges.
8. RETURN OF EQUIPMENT,DAMAGED&LOST EQUIPMENT. At the expiration of the term Customer will return
the Equipment to the Store Location during NiteHawk's regular business hours(unless otherwise agreed upon in
writing),such Equipment to be In the condition and repair as when delivered to Customer,subject to reasonable wear
and tear,as defined below. Customer shall be liable for all damages to or loss of the equipment,including any
damage during transit to or from Customer. In the case of the loss or destruction of any Equipment,or inability or
failure to return same to NiteHawk for any reason whatsoever,Customer will pay NiteHawk the then full replacement
list value together with the full rental rate as specified until such Equipment is replaced. If NiteHawk has agreed to
deliver the Equipment to Customer or to pick up the Equipment from Customer. Customer shall pay NiteHawk the
reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been
completed. NiteHawk shall be under no obligation to commence repair work until Customer has paid to NiteHawk the
estimated cost therefore.
9. REASONABLE WEAR AND TEAR. Reasonable wear and tear of the Equipment shall mean only the normal
deterioration of the Equipment caused by ordinary and reasonable use on basis outlined in Section 11. The following
shall not be deemed reasonable wear and tear,(a)damage resulting from lack of lubrication or maintenance of
necessary oil,water and air pressure levels;(b)except where NiteHawk expressly assumes the obligation to service
or maintain the Equipment,any damage resulting from lack of servicing or preventive maintenance suggested in the
manufacturer's operation and maintenance manual;(c)damage resulting from any collision,overturning,or improper
operation,including overloading or exceeding the rated capacity of the Equipment;(d)damage in the nature of
dents,bending,tearing,staining and misalignment to or of the Equipment;(e)wear resulting from use in excess of
hours/miles outlined for which rented;and(f)any other damage to the Equipment which is not
considered ordinary and reasonable in the equipment rental industry. Repairs to the Equipment shall be made to the
reasonable satisfaction of NiteHawk and in a manner which will not adversely affect the operation,manufacturer's
design or value of the Equipment
10. LATE RETURNS. If not timely returned,in addition to the rental rates set forth in this agreement. Customer
agrees to pay an additional charge of double the daily rates for each day the Equipment is retained beyond the
expiration of the rental period.
11. RENTAL PERIOD&CALCULATION OF CHARGES. Rental charges commence when the Equipment leaves
the Store location(unless otherwise specified)and end when the Equipment is returned thereto. Rental charges
accrue everyday,including weekends and holidays. Rental rates are the normal usage of the sweeper-considered
to be 120 sweeper hours and 2,000 miles per 30 day rental period. Operating in excess of these numbers in a 30
day period will incur overages charges as follows:$125 per hour over 120 used on the sweeper,$3.75 per mile over
standard usage. Customer will provide photographs of odometer and hour meter at the end of every 30 day period
and at the end of the rental. Customer's right to possess the Equipment terminates on the expiration of the rental
period set forth on page one of the agreement and retention of possession after this time is a material breach of these
agreements.
12. DOWN PAYMENT. In addition to securing the payment of rental charges hereunder,Customer agrees that any
rental down payment shall be deemed to be a guaranty by Customer of the full and complete performance of each
and all of the terms,covenants,and agreements to be performed by Customer hereunder,and in the event of any
breach by Customer thereof said deposit shall be credited against any damages,costs or expenses incurred by
NiteHawk as a result of such breach.
13. PAYMENT. Any rental balances shall be payable in full upon return of the Equipment to NiteHawk or prior to 30
days following NfteHawk's invoice to Customer,whichever comes first Customer acknowledges that timely payment
of rental charges is essential to NiteHawk's business operations and it would be impractical and extremely difficult to
fix the actual damages caused by late payment. Customer and NiteHawk agree that there shall be added to all past
due rental charges a late payment fee equal to the lesser of 2%per month(24%per annum),or the maximum
amount allowed.
14. FAILURE TO DELIVER. Customer releases and discharges NiteHawk from any and all liability or damages
(induding consequential and special damages)which might be caused by NiteHawk's failure or Inability to deliver any
Equipment by any specified date or time
15. TITLE/NO PURCHASE OPTION/NO LIENS. This agreement is not a contract of sale,and title to the
Equipment shall at all times remain with NiteHawk. Unless covered by a specific supplemental agreement signed by
NiteHawk,the Customer has no option or right to purchase the Equipment. Customer shall keep the Equipment free
and clear of all mechanics and other liens and encumbrances.
16. TIRE REPAIR OR REPLACEMENT. Repair or replacement of tires are the responsibility of the Customer,and
are not included in the rental rate.
17. DEFAULT. Should Customer in any way fail to perform,observe or keep any provision of this rental agreement.
NiteHawk may at its option do any one or more of the following:(a)terminate this agreement;(b)declare the entire
rent immediately due and payable and commence legal action therefore;(c)retake possession of the Equipment,
holding the Customer liable for all rental and other charges;or(d)pursue any other remedies available by law.
18. REPOSSESSION OF EQUIPMENT. In the event of any actual or anticipatory breach by Customer,NiteHawk's
employees or agents may,without notice or legal process,go upon Customer's property and take all action
reasonably necessary to repossess the Equipment. Customer waives all claims for damages and losses,physical or
pecuniary,caused thereby,and shall pay all costs and expenses incurred by NiteHawk in retaking the Equipment.
19. CUSTOMER'S INSURANCE COVERAGE. Customer agrees to maintain and carry,at its sole cost,adequate
liability,physical damage,public liability,property damage and casualty insurance for the full replacement cost of
Equipment,including all risks of loss or damage covered by the standard extended coverage endorsement to cover
any damage or liability arising from the handling,transportation,maintenance,operation or use of the Equipment
during the entire rental period. Prior to rental customer shall supply to NiteHawk proof of such insurance by
Certificate of Insurance clearly setting forth the coverage for the Equipment and naming NiteHawk as loss payee and
additional insured;such insurance and evidence thereof to be in amounts and form satisfactory to NiteHawk. The
Certificate of Insurance and policy shall provide that NiteHawk shall receive not less than thirty(30)days notice prior
to any cancellation of the insurance required hereunder.
20. WEAR ITEMS. Customer will be responsible for replacement(both parts and labor)of all wear items on the
sweeper and chassis-including curb brooms,flaps,filters and any other normal wear item.
2i. ENTIRE AGREEMENT/ONLY AGREEMENT. This written agreement represents the entire agreement between
the Customer and NiteHawk. There are no oral or other representations or agreements not included herein. None of
NiteHawk's rights or Customer's rights may be changed and no extension of the terms of this agreement may be
made except In writing,signed by both NiteHawk and Customer. The use of Customer's purchase order number on
this agreement is for Customer's convenience only. This rental agreement supersedes any purchase order or other
Customers provisions or forms whether sent to or received prior,or subsequent to this rental agreement.
22. NO ASSIGNMENT,LENDING OR SUBLETTING. Customer shall not sublease,sub rent,assign or loan the
Equipment,and any such action by Customer shall be void.Customer agrees to use and keep the Equipment at the
job site set forth on the front page of this form unless NiteHawk approves otherwise in writing.
•
23. OTHER PROVISIONS. Any failure of Nite-Hawk to insist upon strict performance by Customer of any terms and
conditions of this agreement shall not be construed as a waiver of United right to demand strict compliance.
Customer has carefully reviewed this agreement and waives any principle of law which would construe any provision
hereof against Nite-Hawk as the draftsperson of this agreement.
Customer agrees to pay all reasonable costs of collection,court,attorneys'fees and other expenses incurred by
NiteHawk in the collection of any charges due under this rental agreement or in connection with the enforcement of
its terms.Customer shall pay the rental charge without any offsets,deductions of claims.
The federal and state courts in the county in which the Store Location is located shall have exclusive jurisdiction over
all matters relating to this agreement Trial by jury is waived. Service of process may be affected by certified mail,
return receipt requested. Nite-Hawk shall be entitled to a decree of specific performance(without posting bond or
other security)in addition to such other remedies as may be available
NiteHawk Sweepers LLC hereby rents la Customer the equipment(as outlined in Rental Contract Document and Rental Agreement Terms and
Conditions)and Customer hereby accepts ail Payment Terms and Terms and Conditions.which the undersigned has read and understands,
REMINDERS(1)Rates do not include fuel(2)Customer pays for all time the equipment is out.induding weekends and holidays(3)The rental
agreement supersedes all other purchase orders or terms and conditions contained in any of the Customer's agreements or forms(4)Customer
assumes all risk and is responsible for all damages and other costs,including late charges. Details of the above as well as other obligations are
contained in the Terms and Conditions Section. THE INDIVIDUAL SIGNING BELOW AS OR ON BEHALF OF THE CUSTOMER:(1)AGREES TO
THE RENTAL CONTRACT AND RENTAL AGREEMENT TERMS AND CONDITIONS(2)IS FULLY FAMILIAR WITH OPERATION OF EQUIPMENT
AND PROPER USE
SIGNATURE:
PRINTED NAME: J�for ,o,
TITLE: 457.. ,4 -.2_
DATE: S7Z//9