This document establishes the terms and conditions of rental for all Equipment (“Equipment”) provided by Arrow Lift, LLC, ("Arrow") and all parties renting any type of Equipment from Arrow ("Renter"). These terms and conditions shall apply equally and with full force to all occasions upon which Renter receives and utilizes any piece of Equipment from Arrow regardless of whether Renter receives or is provided a new copy of these terms and conditions on each occasion Equipment is rented. Arrow reserves the sole right to modify or terminate these Terms and Conditions.

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1.Rental Term: (“Rental Term”) starts the day and time the Equipment is (1) picked up by Renter or Renter's authorized agent from Arrow; (2) delivered to or for the Renter by Arrow; (3)attempted to be delivered to Renter’s location by Arrow and delivery is prevented through fault of Renter or a third-party. The Rental Term ends the day and time the Equipment is Off-Rental. Equipment is (“Off-Rental”) the day and time Renter (1) returns the Equipment (only if originally picked up by Renter from Arrow) to 2354 Joe Field Rd, Dallas, Texas 75229 (Arrow's place of business) during regular business hours; (2) or notifies Arrow dispatcher of termination of use of Equipment and obtains an Off-Rental Termination Number and requests Arrow pick up rented Equipment. An (“Off-Rental Termination Number”) is provided by Arrow Dispatch as proof of a requested rental termination date and time for billing purposes. Renter will return self-pickedup Equipment to Arrow unless Arrow has expressly agreed in writing to pick up Equipment from Renter at Renter's expense, in which event every provision of the Rental Terms and Conditions will remain in effect through a Rental-Termination Grace Period. The (“Rental-Termination Grace Period”) begins when the Off-Rental Termination Number is issued and concludes forty-eight(48) hours AFTER an Off-Rental Termination Number is issued, which the parties agree is a reasonable time for Arrow to pick up Off-Rental Equipment. Holidays and weekends are not excluded from the rental period. RENTER SHALL SECURE EQUIPMENT AGAINST THEFT, DAMAGE OR UNAUTHORIZED USE DURING THE ENTIRE RENTAL PERIOD, TO INCLUDE THE RENTAL TERMINATION GRACE PERIOD.

 

RENTERS REQUESTING PICK UP OF RENTED EQUIPMENT MUST OBTAIN AN OFF-RENTAL TERMINATION NUMBER AT THE TIME THE RENTER NOTIFIES ARROW DISPATCH OF TERMINATION OF THE RENTAL PERIOD. THIS PROVISION IS DESIGNED TO HELP AVOID ANY QUESTION ABOUT WHEN A RENTAL IS TERMINATED. RENTERS WHO CANNOT PROVIDE THE OFF-RENTAL TERMINATION NUMBER UPON REQUEST AGREE TO PAY RENTAL THROUGH THE DATE AND TIME UNTIL THE RENTED EQUIPMENT IS PHYSICALLY RETURNED IN GOOD CONDITION TO ARROW'S FACILITY AT 2354 JOE FIELD RD, DALLAS, TEXAS 75229.
 

2. Use of Equipment: Renter agrees the Equipment shall be used EXCLUSIVELY BY RENTER OR RENTER'S EMPLOYEES; Renter SHALL NOT (1) sublet or assign the rented Equipment, or allow any other person, company or trade to use it; (2) remove/relocate the Equipment from the address to which it is initially delivered without prior written consent of Arrow; (3) make any alteration to

or in the Equipment and shall not alter, deface, cover-up or conceal any numbering, lettering, insignia or labels displayed on the Equipment; (4) use the Equipment for any illegal purpose; (5) attempt to repair Equipment if damaged during usage. While the Equipment is rented to or in possession of Renter, Renter assumes ALL liability for damage to, destruction of, or loss of the Equipment through the Rental Termination Grace Period.

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3. Safety and Regulation: Renter SHALL (1) operate, maintain, and use the Equipment in compliance with all laws, regulations, and safety standards; (2) require all operators of the Equipment to be trained in the proper and safe use of the Equipment; (3) operate the Equipment in compliance with all laws, regulations, and safety standards; (4) pay all fines and penalties assessed against Arrow for violations of any law or regulation by Renter or any operator used or permitted by Renter; (5) use the Equipment only for its normal and customary purpose. Arrow shall have no obligation to train Renter or Renter’s employees or any operator of the Equipment. Arrow shall have no obligation to provide any training information to Renter.

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4. Equipment Inspection: Renter SHALL (1) inspect all rented Equipment upon receipt from Arrow or authorized agent and/or prior to use if Renter is not present at the time Equipment is delivered; (2) inspect all rented Equipment at the intended location prior to any use by Renter or Renter's employees and (3) maintain a continuing inspection of all rented Equipment throughout the Rental Term; (4) make the Equipment available for inspection by Arrow’s employees and agents at any time upon request and allow Arrow’s employees and agents access to Renter’s premises for Equipment inspection on reasonable notice and during regular business hours. Renter SHALL give written notice to Arrow specifying any (1) objection to the delivered Equipment; (2) or failure or functional defect noted during inspection of the delivered Equipment, within six (6) hours of delivery by Arrow and prior to the first use by Renter. Renter agrees that upon use of delivered Equipment, it shall be conclusively presumed, as between Arrow and Renter, that Renter has fully inspected and acknowledged that the Equipment was and is in good condition and repair, and that Renter is satisfied with and has accepted and retained the Equipment in such good condition and repair.

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5. Exclusion of Warranties: It is understood that Arrow is not the manufacturer of the Equipment herein rented nor the agent of the manufacturer. Arrow makes no warranty whatsoever, including without limitation any (1) warranty of merchantability; (2) warranty of fitness for a particular purpose; (3) warranty against infringement of any patent, copyright, trademark, trade secret, or other proprietary rights of a third party; whether arising by law, course of dealing, course of performance, usage of trade, or otherwise.

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6. Damage Waiver: All Arrow customers will have a 10% damage waiver added to each rental invoice unless the Renter has on file a current insurance certificate naming Arrow as additional insured. By purchasing a damage waiver, Renter is not purchasing insurance. Renter assumes the risk of all loss or damage to the Equipment. The damage waiver covers loss or damages to the Equipment only for Acts of God and normal wear and tear. Without limiting the foregoing, the damage waiver does not apply to any loss or damage caused by any of the following for which Renter still remains fully liable; (1) loss or damage by theft, vandalism or malicious mischief, (2) loss or damage resulting from overloading or exceeding rated capacity, misuse, abuse, or improper servicing of the Equipment, (3) loss or damage to tires or tubes caused by blowout, bruises, cuts or other causes inherent in the use of the Equipment. (4) loss or damage to the Equipment caused by striking overhead objects or placement of the Equipment in areas subject to flooding, (5) loss or damage due to mysterious disappearance or wrongful conversion by or from any person including one entrusted with the Equipment, (6) loss or damage to the Equipment because of a violation of any of the terms of this agreement.

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7. Risk of Loss: Renter shall bear all risk of loss, damage, destruction, theft, taking, confiscation, or requisition, partial or complete, of or to such Equipment or its use, however caused or occasioned (“Loss”). Renter shall notify Arrow in writing within 24 hours of learning of any such Loss. RENTER SHALL SECURE EQUIPMENT AGAINST THEFT, DAMAGE, OR UNAUTHORIZED USE.

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8. Notification: Renter shall IMMEDIATELY notify Arrow in writing of all information related to any Occurrence or Functional Defect involving or in any way related to the rented Equipment. An ("Occurrence or Functional Defect") is defined as the disappearance or theft of the Equipment or some part of the Equipment; damage to the Equipment; malfunction of the Equipment; or injury to person or property which is claimed to be caused by or incident to the Equipment or the use of the Equipment. RENTER SHALL SECURE AND MAINTAIN ALL RENTED EQUIPMENT and surrounding premises, in the condition existing at the time of any Occurrence or Functional Defect, until such time as Arrow, or any of its authorized agents, investigators, attorneys or other designated persons, inspect or investigates said Equipment and/or premises. Arrow shall have exclusive right to reclaim any rented Equipment involved in any Occurrence or Functional Defect and to thereafter replace same with comparable Equipment.

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9. Unreturned, Unclean or Damaged Equipment: Renter agrees to pay, in addition to the rental charge (1) the amount set forth herein as the value of the Equipment not returned on the date agreed, which in no event shall be less than manufacturer's current list price; (2) for Equipment not returned in the condition received, reasonable use expected, (a) the cost of any cleaning, maintenance, repairs or restoration due to paint, plaster, debris or foreign matter; and (b) if Equipment is damaged beyond repair, Renter agrees to pay the full replacement value of theEquipment at not less than manufacturer's current list price.

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10. Calculation of Charges: As follows (1) metered time over eight (8) hours per day, forty (40) hours per week, one hundred sixty (160) hours per twenty-eight (28) days, are charged for, in addition to the daily, weekly, or monthly rates; (2) fuel is furnished by the Renter. Equipment fuel tanks are full when Equipment is received by Renter. It is the obligation of the Renter to refill fuel tanks to full prior to return.

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11. Terms of Payment: At Arrow's election, Equipment rental payment is due (1) in advance of Equipment rental; (2) upon Equipment return; (3) or upon invoice issuance to Renter (“Due Date”). If Renter does not pay the total balance due and payable to Arrow within twenty-eight (28) days after the Due Date, at Arrow’s election, Renter shall pay to Arrow late fee charges equal to the lesser of (a) the maximum amount allowed by law and (b) a $5.00 late fee per each $100.00 of the over-due balance (“Late Charge”) for all balances greater than twenty-eight (28) days past due. Late Charge will be added to the account balance on the first (1st) of each month. Payment of any Late Charge does not excuse Renter from any default on past due balances. Arrowand Renter do not intend that any greater than the maximum amount allowed by law be charged or received. Any charged or received greater than the maximum amount allowed by law be applied to the principal obligation, or if none is owed, shall be refunded to Renter.

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12. Charge Authorization: Renter authorizes Arrow to keep its authorized signature and credit card information securely on-file in Renter’s account. Renter authorizes Arrow to charge Renter’s credit card for any outstanding balances when due or past due. Renter certifies that they are an authorized user of this credit card, and that Renter will not dispute the payment with the applicable credit card company. If the provided credit card has changed, expired, or is denied for any reason, Renter agrees to immediately give Arrow a new, valid credit card which Renter will allow to be charged over the phone. Renter agrees that the new card will be used with the same authorization as the original card presented.

 

13. Indemnification: Renter agrees to defend, indemnify, and hold harmless Arrow and its (“Indemnities”), from and against all claims, losses, damages, injuries, and expenses (including Attorneys' fees) related to the rental, use, operation, transportation, or condition of the rented Equipment, including Arrow's own negligence. Arrow expressly makes no warranties, whatsoever, including without limitation (1) any warranty of merchantability, warranty for a particular purpose or warranty of suitability as established in the EXCLUSION OF WARRANTIES provision of this document. Arrow shall not be liable to Renter for any loss or liability of any kind, including without limitation, incidental or consequential damages, lost income, lost time, wages paid, or expenses incurred in waiting for or obtaining replacement Equipment related to failure to deliver the Equipment at a specific time, or related to any Equipment defect, operation failure or inefficiency. It is the purpose of this clause to shift the risk of all claims relating to the rented Equipment to the Renter during the entirety of the Rental Term.

 

14. Insurance: Renter, at its sole expense, shall provide and maintain (1) for such Equipment insurance against loss, theft, and damage (“Property Insurance”) in an insured amount of at least the full replacement value of the Equipment. Renter shall name Arrow (or shall cause Arrow to be named) as loss payee for the Property Insurance. Deductibles, if any, must be approved in advance by Arrow. (2) commercial general liability insurance (“Liability Insurance”), including contractual coverage covering the indemnification of this Agreement, with minimum limits of $1,000,000 per occurrence for bodily injury and death, and $1,000,000 per occurrence for property damage, and a $2,000,000 minimum aggregate limit. Renter shall also maintain worker’s compensation insurance. Arrow shall be named as an additional insured without imposing on Arrow any expense in connection with the Liability Insurance. Arrow may require Renter to provide proof of

insurance at any time.

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15. Agreement: These Rental Terms and Conditions express the terms by which Arrow and Renter agree to be bound for all Equipment rentals by Renter, regardless of whether Renter receives or is provided a copy of these terms and conditions on each occasion Equipment is rented. The Rental Terms and Conditions may NOT be modified or terminated by Renter except as provided herein or by other written agreement of the parties. If any provision of these Rental Terms and Conditions is deemed unenforceable by a court, the remaining provisions shall remain enforceable.

 

16. Governing Law, Venue and Costs of Enforcement: The relationship between Arrow and Renter shall be governed by the laws of the State of Texas and any dispute between Arrow and Renter shall be determined by a court of competent jurisdiction in Dallas County, Texas. Renter further agrees to pay any and all attorney fees incurred by Arrow in pursuit of paymentcollection or enforcement of any term of these Rental Terms and Conditions.