5334 Old Norcross Rd, Georgia
360 EQUIPMENT RENTAL AND TRANSPORT, LLC
EQUIPMENT RENTAL TERMS & CONDITIONS
These Equipment Rental Terms & Conditions ("Agreement") govern the rental of equipment from 360 Equipment Rental and Transport, LLC ("Lessor") to the customer ("Lessee"). By renting equipment from 360 Equipment Rental and Transport, LLC, Lessee agrees to all terms and conditions contained herein.
Lessor agrees to rent the equipment identified in the rental agreement ("Equipment") to Lessee for the agreed rental period.
Lessee agrees to pay all rental charges, delivery fees, pickup fees, taxes, fuel charges, damage charges, cleaning charges, downtime charges, and any other applicable fees associated with the rental.
Rental charges begin on the agreed delivery date or the date Equipment is made available to Lessee and continue until Equipment is returned to and accepted by Lessor.
Prior to delivery or release of Equipment, Lessor may document Equipment condition through photographs, video recordings, inspection reports, or other documentation.
Upon return of Equipment, Lessor may conduct a similar inspection.
These records may be used to determine responsibility for damage, excessive wear, missing items, or other issues.
Lessee agrees to notify Lessor immediately upon delivery or pickup if there are concerns regarding Equipment condition.
Upon taking possession of Equipment, Lessee acknowledges that Equipment has been inspected and accepted as being in good operating condition unless defects are reported immediately to Lessor.
Lessee agrees to:
• Use Equipment only for its intended purpose and in accordance with manufacturer specifications.
• Operate Equipment only through properly trained and qualified operators.
• Follow all applicable laws, regulations, and safety requirements.
• Properly maintain, protect, and secure Equipment during the rental period.
• Prevent unauthorized use of Equipment.
• Return Equipment in the same condition as received, excluding normal wear and tear.
Only trained, qualified, and authorized operators may operate Equipment.
Lessee is responsible for ensuring all operators understand proper equipment operation, safety procedures, and manufacturer guidelines.
Lessee assumes responsibility for all operators and all use of Equipment during the rental period.
Lessee agrees to perform routine daily inspections and maintenance checks as recommended by the manufacturer, including checking fluid levels, tires, tracks, safety devices, and overall operating condition.
Lessee is responsible for any loss, damage, abuse, misuse, neglect, accident, vandalism, theft, improper fueling, or improper operation of Equipment during the rental period.
Lessee is responsible for repair costs including but not limited to:
• Parts
• Labor
• Transportation
• Service charges
• Diagnostic charges
• Related repair expenses
Lessee is not responsible for normal wear and tear or mechanical failure resulting solely from ordinary use.
Lessee's responsibility for damage, loss, theft, or replacement of Equipment is independent of any insurance coverage and survives termination of the rental agreement.
If insurance coverage applies, Lessee remains responsible for deductibles, denied claims, exclusions, uninsured amounts, and any portion of damages not paid by insurance.
Lessee agrees to immediately stop using Equipment if it becomes unsafe, malfunctions, or requires repair.
Lessee shall notify Lessor immediately of any mechanical issue.
Lessor will make reasonable efforts to repair Equipment or provide an alternative solution when the issue was not caused by Lessee's misuse, negligence, damage, or improper operation.
Lessee is responsible for Equipment while it is in Lessee's possession, custody, or control.
If Equipment is lost, stolen, destroyed, confiscated, or determined to be a total loss, Lessee agrees to reimburse Lessor for the full replacement value of the Equipment.
Lessee must immediately notify Lessor and appropriate law enforcement authorities of any theft or loss.
If Equipment is damaged due to Lessee's actions, misuse, neglect, accident, theft, vandalism, or improper operation, Lessee may be responsible for loss-of-use or downtime charges during the period Equipment is unavailable for rental, in addition to repair costs.
Downtime charges do not apply to ordinary mechanical failures not caused by Lessee.
If Lessor provides delivery or pickup services, Lessee agrees to provide safe and accessible access to the delivery location.
Lessee is responsible for ensuring delivery and pickup areas are suitable and free from hazards.
Additional charges may apply for delays, restricted access, unsafe conditions, waiting time, or inability to access Equipment.
Lessee agrees to return Equipment with the same fuel level as provided at the beginning of the rental period.
If Equipment is returned with less fuel than provided, Lessee will be charged for the fuel required to restore the Equipment to its original level plus applicable service charges.
Lessee is responsible for using the correct fuel type.
Damage caused by improper fueling, fuel contamination, or incorrect fuel shall be the responsibility of Lessee.
Lessee is solely responsible for identifying, locating, marking, and protecting all underground utilities, irrigation systems, septic systems, drainage systems, private utility lines, and hidden conditions before Equipment is used.
Lessee assumes all responsibility for damages resulting from excavation, drilling, trenching, grading, or similar operations.
Prior to taking possession of any Equipment, Lessee shall provide a Certificate of Insurance ("COI") acceptable to Lessor.
The Certificate Holder shall be listed as:
360 Equipment Rental and Transport, LLC
5334 Old Norcross Rd
Norcross, GA 30071
Lessee shall maintain:
• Commercial General Liability Insurance with limits of not less than $1,000,000 per occurrence and $1,000,000 aggregate.
• 360 Equipment Rental and Transport, LLC listed as Additional Insured.
• Waiver of Subrogation in favor of 360 Equipment Rental and Transport, LLC.
• Primary and Non-Contributory wording in favor of 360 Equipment Rental and Transport, LLC.
• Inland Marine / Equipment Floater coverage, or equivalent physical damage coverage, sufficient to cover the full replacement value of all rented Equipment while in Lessee's possession, custody, or control.
Failure to maintain required insurance shall not relieve Lessee of any responsibility under this Agreement. Lessee remains fully responsible for all loss of, damage to, theft of, or destruction of Equipment, regardless of insurance coverage, deductibles, exclusions, denied claims, or policy limitations.
Lessor reserves the right to reject any insurance certificate that does not satisfy these requirements and may refuse delivery or release of Equipment until acceptable proof of insurance is provided.
To the fullest extent permitted by law, Lessee agrees to defend, indemnify, and hold harmless 360 Equipment Rental and Transport, LLC, its owners, officers, employees, and representatives from all claims, damages, injuries, losses, liabilities, costs, and expenses arising from Lessee's possession, operation, transportation, maintenance, misuse, or control of Equipment.
This provision shall not apply to claims resulting solely from the negligence or willful misconduct of Lessor.
Lessor shall not be liable for any indirect, incidental, consequential, special, punitive, or economic damages, including lost profits, project delays, loss of business, or loss of use.
Lessor's maximum liability shall not exceed the rental charges paid by Lessee for the specific rental transaction giving rise to the claim.
Lessor reserves the right to install GPS tracking devices or other monitoring equipment on Equipment for theft prevention, recovery, maintenance, and security purposes.
Lessee shall not disable, remove, or interfere with any such device.
Lessee shall not repair, alter, modify, dismantle, or make changes to Equipment without prior written authorization from Lessor.
Unauthorized repairs or modifications may result in additional charges.
Rental charges continue during rain, weather delays, project delays, labor shortages, site shutdowns, or other circumstances beyond Lessor's control.
Lessee agrees to return Equipment:
• On or before the agreed return date.
• In clean condition.
• Free from excessive dirt, debris, concrete, asphalt, paint, or other materials.
• With all accessories and attachments.
• With the same fuel level as received.
Additional charges may apply for:
• Late returns
• Cleaning charges
• Missing items or accessories
• Damage repairs
• Fuel shortages
If Equipment is not returned when required, Lessee authorizes Lessor to recover Equipment wherever located, to the extent permitted by law.
Lessee agrees to pay all costs associated with recovery, transportation, storage, legal fees, court costs, and collection expenses.
Lessee agrees to pay all reasonable collection costs, attorneys' fees, court costs, and expenses incurred by Lessor in enforcing this Agreement or collecting amounts owed.
Lessee may not:
• Sublease Equipment.
• Transfer possession of Equipment without Lessor's approval.
• Permit unauthorized operators to use Equipment.
• Use Equipment for unlawful purposes.
• Remove, disable, or interfere with safety devices or warning labels.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.
This Agreement, together with the rental agreement, inspection records, photographs, videos, invoices, and related rental documents, constitutes the entire agreement between the parties.
Any modification must be in writing and signed by both parties.
360 Equipment Rental and Transport, LLC
5334 Old Norcross Rd
Norcross, GA 30071