TERMS AND CONDITIONS

Mendez Equipment Rental LLC (hereafter, “Mendez Equipment Rental LLC” or “Company”) and Customer that all rental services are subject to the following Terms and Condition (hereafter, “Terms”):

Equipment. Mendez Equipment Rental LLC hereby leases to Customer the Equipment listed in Customer’s Purchase Order.
Single Shift/Excessive Use/Rate: Rental rates are based on a single shift operation of eight (8) hours per day, five (5) days per week. The single shift rate is as posted at Mendez Equipment Rental LLC’s main location located at _2101 Sheldon Ave. suite D_ Fairbanks, Alaska _99701 (hereafter, “Premises”) Powered equipment used for two shifts shall be charged at 1.5 times the single shift rate, and three shifts at 2 times the single shift rate.
Delivery/Pick-up Rates: The Customer agrees to pay all costs associated with the delivery and pick-up of the leased Equipment as follows:
1. Delivery Rates: The delivery rate is based on the distance from Company’s premises to the delivery location provided by the Customer. For locations within a 5-mile radius, the delivery fee will be $_$150 For locations beyond this radius, an additional $2.00 per mile will apply.
2. Pick-up Rates: The pick-up rate follows the same structure as the delivery rate. For locations within a 5 mile radius, the pick-up fee will be $150. For locations beyond this radius, an additional $ 2.00 per mile will apply.
3. Conditions: In cases where delivery or pick-up requires transportation across remote or off-road areas, the Customer shall be responsible for any additional fees incurred by the Company.
Rental Period: Standard rental period begins when the equipment leaves the Premises and ends upon return to Mendez Equipment Rental LLC. No allowances are made for transit time or downtime. For deliveries, the rental period begins when equipment arrives at the delivery location and ends when equipment is picked up.
Security Deposit. Prior to taking possession of the Equipment, Customer shall deposit with Mendez Equipment Rental LLC, in trust, a security deposit of $ 300.00 as security for Customer’s performance of these Terms and for any damage to the Equipment caused by Customer or Customer’s agent(s). Any Customer liability not covered by the Security Deposit shall be the responsibility of the Customer. If the Customer breaches any terms or conditions herein, Customer shall forfeit the Security Deposit.
Compliance with Law and Safety Regulations: Customer agrees to comply with all applicable laws, which include but may not be limited to the standards of the Occupational Safety & Health Administration (OSHA) or similar state level section or agency and, as applicable, the Washington Industrial Safety and Health Act (WISHA). Equipment cannot be misused or operated by unqualified individuals.
Operator Requirements: Customer’s Operator(s) must be properly trained and certified to handle specific equipment. The Operator(s) must hold the appropriate and valid State of Alaska driver’s license for the type of machinery or equipment they operate. The Operator(s) are required to use appropriate personal protective equipment (PPE), such as helmets, gloves, and safety boots. The Operator(s) must adhere to federal OSHA regulations and any other local, state, and federal applicable standards, regulations, and laws.
Care, Use, and Maintenance: Customer is responsible for the following:
1. Proper Usage:
  1. Customer shall use the Equipment solely for its intended purpose.
  2. Customer shall comply with all operational instructions provided by the manufacturer and the Company.
2. Inspection and Reporting:
  1. Customer shall conduct a visual inspection of the Equipment prior to each use to identify any potential issues.
  2. Customer must promptly report any damage, malfunctions, or safety concerns to the Company.
3. Preventative Maintenance:
  1. Customer shall perform routine maintenance as outlined in the equipment manual, including checking fluid levels and reporting any needed oil changes, filter replacements, or lubrication issues. (Mendez Equipment Rental LLC is not responsible for inspection during rental.)
  2. Customer is responsible for maintaining fuel and fluid levels as specified by the manufacturer.
4. Cleaning and Storage:
  1. Equipment shall be cleaned regularly to prevent the buildup of debris or harmful materials.
  2. When not in use, equipment must be stored in a secure location.
5. Avoiding Overuse or Abuse:
  1. Customer shall not overload, modify, or abuse the equipment.
  2. Customer agrees not to operate the Equipment under conditions that exceed its specifications or in a manner that compromises its safety and integrity.
6. Repairs and Alterations:
  1. No repairs, modifications, or alterations may be made to the Equipment without prior written consent from the Company.
  2. Any approved repairs or alterations must be performed by qualified personnel.
7. Return Condition:
  1. Equipment must be returned to Company at the end of the lease period in the same condition as it was delivered, except for normal wear and tear.
  2. Customer is liable for all damage exceeding normal wear and tear.
8. Safety Standards:
  1. Customer shall ensure equipment is operated by trained personnel and in accordance with all applicable safety standards and regulations.
Selection of Equipment: Customer’s agent has inspected the Equipment and acknowledges that the Equipment is in good and acceptable condition. Customer selects equipment at their own discretion and disclaims reliance on Mendez Equipment Rental LLC’s representations.
Customer Remedies/Disclaimer and Back Charges: If something is wrong with the equipment, the Customer can stop renting it after they notify the Company about the problem. Mendez Equipment Rental LLC is not responsible for any other problems this causes, like lost revenue or delays. Also, the Customer is not allowed to take money off the bill or charge the company for anything without the advanced written agreement of Customer and Mendez Equipment Rental LLC’s authorized agent.
Accident: The Customer must promptly report accidents and assist with investigations required by Mendez Equipment Rental LLC. To report an accident involving Equipment, the Customer must call Mendez Equipment Rental LLC at 907 347 3408.
Indemnification. Mendez Equipment Rental LLC shall not be liable for any claim by a third party. Customer will defend, indemnify, and hold harmless Mendez Equipment Rental LLC and its member from any and all claims, losses, liabilities, damages, demand, settlements, loss, fees and expenses (including but not limited to attorney fees and court costs) that arise directly or indirectly out of or relate to Customer’s breach of these Terms or the gross negligence or willful misconduct of Customer’s employee(s) or agent(s).
Limitation of Liability. IN NO EVENT SHALL MENDEZ EQUIPMENT RENTAL LLC BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, DAMAGES FOR LOSS OF PROFITS, INCURRED BY THE CUSTOMER OR THIRD PARTIES ARISING OUT OF THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF MENDEZ EQUIPMENT RENTAL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MENDEZ EQUIPMENT RENTAL LLC’S LIABILITY ON ANY CLAIM, LOSS, OR LIABILITY ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT SHALL EXCEED THE AMOUNTS PAID TO MENDEZ EQUIPMENT RENTAL LLC DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION BY THE CUSTOMER.
Return of Equipment and Damage: Equipment must be returned in original condition, minus reasonable wear. Customer pays for repairs outside of reasonable wear and rental during repair time. “Reasonable Wear and Tear” means normal deterioration under single shift use. For the avoidance of doubt, “Reasonable Wear and Tear” excludes damage from improper maintenance, overloading, and misuse.
Theft coverage: Customer shall pay Mendez Equipment Rental LLC the full replacement cost for loss of equipment due to theft and vandalism, including mysterious disappearance, unguarded/unlocked equipment, or improper maintenance/operation.
Insurance Provided by Customer:
1. Equipment Insurance: General liability and inland marine insurance required, with Mendez Equipment Rental LLC named as additional insured/loss payee.
2. Auto Insurance: $1,000,000 coverage required; Mendez Equipment Rental LLC. is not responsible for any damages to personal or company vehicles due to mishandling of load, vehicles, or equipment.
3. General: Proof of insurance required. Coverage must meet minimum standards but does not limit Customer’s liability.
Failure to Deliver: Mendez Equipment Rental LLC is not liable for failure to deliver equipment on time for non-delivery rental agreements.
Rent Purchase Agreement: No purchase option is valid unless explicitly agreed upon in writing.
Third Party Affiliates: Customer agrees to share and allow Company to share equipment data for Caterpillar equipment with Caterpillar Inc. and its affiliates.
Title: Title to the Equipment and a right to possession or repossession shall remain with Mendez Equipment Rental LLC.
Repossession: Mendez Equipment Rental LLC may repossess equipment without notice. Customer waives all related damage claims and agrees to cover repossession costs.
Remedies. All rights and remedies provided to Mendez Equipment Rental LLC under these Terms are cumulative and in addition to, not in limitation of, rights and remedies available to Mendez Equipment Rental LLC at law or in equity.
Force Majeure (Acts of God). Excluding the Customer’s payment obligations, no Party shall be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this agreement, when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control including but not limited to inclement weather, material shortages, and government action. The Impacted Party shall give notice promptly of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
Attorney’s Fees. In the event Mendez Equipment Rental LLC must take legal action to enforce its rights under these Terms, Customer agrees to pay all attorney’s fees, court cost, or other expenses to the maximum extent allowed by law.
No Assignment. Customer shall have no right to assign the rights or delegate its duties herein without the written consent of Mendez Equipment Rental LLC.
No Waiver. Mendez Equipment Rental LLC can only waive a right or remedy under this Agreement by Mendez Equipment Rental LLC’s written notice to Customer.
No Presumption. The Terms have been negotiated and discussed between Mendez Equipment Rental LLC and Customer, and these Terms reflect their mutual agreement. Customer had notice and the opportunity for legal review and advice prior to agreeing to these Terms. As such, the standard presumption against the drafter of a contract shall not apply to these Terms.
Severability. Each term herein is independent. If a term in this Agreement is deemed unenforceable by a court, the Agreement will not be deemed unenforceable. The court may reform the Agreement to reflect Mendez Equipment Rental LLC’s and Customer’s intent.
Survival. By their nature, certain provisions herein (for example, indemnification and payment duties) shall remain valid after the expiration or termination of the parties’ agreement. These terms shall bind Customer’s successors.
Law/Venue/Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of Alaska, Fourth Judicial District. Any dispute arising out of, or concerning, these Terms shall be resolved exclusively in state court, Fourth Judicial District in Fairbanks, Alaska.
Entire Agreement. This form represents the entire agreement between Mendez Equipment Rental LLC and Customer. The Agreement supersedes all prior statements, whether written or oral. Any changes to these Terms must be signed by both parties.