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- Our 14 store locations are open from 7am-5pm Monday to Friday, and 8am-3pm Saturday.
- We sell and rent quality equipment daily.
- We provide delivery and pickup of equipment for an additional fee.
- We provide a 24 hour emergency service for an additional fee.
- Our priority is to supply you with quality equipment and service. Our quick, responsive service crew will rectify any problems, should they arise.
- Weekend and holiday rates are as follows:
- We charge ½ day’s rent for Sunday’s and holidays.
- Equipment rented on a Saturday (or the day before a holiday) before 12:00pm is charged 1½ day’s rent if the equipment is returned by 9:00am on the following business day.
- Equipment rented on a Saturday (or the day before a holiday) after 12:00pm is charged one day’s rent if the equipment is returned by 9:00am on the following business day.
- All prices and availability are subject to change.
Art’s Rental Equipment, Inc.
TERMS AND CONDITIONS OF RENTAL CONTRACT
1. For good and valuable consideration, you and Art’s Rental Equipment, Inc., a Kentucky corporation (“Art’s”)
agree as follows: As used herein, “Page 1” refers to the first page or “face” of this Contract; “Contract” refers to
Page 1 together with these Terms and Conditions of Rental Contract, “Rented Item(s)” or “Item(s)” means the
item(s) rented to you, as identified on Page 1 (including any “Instructions” and/or safety equipment provided per
Section 7 below); “Site” means the delivery or use address set forth on Page 1; “Customer,” “Lessee,” “you” and
“your” mean the customer or “Lessee” identified on Page 1, and “Lessor,” “we,” “us” and “our” mean Art’s.
2. You agree to rent from us, and we agree to rent to you, the Rented Item(s) for the period(s) specified on
Page 1 (the “Term”). You agree to pay us our stated Rental rate(s) (the “Rent”), together with any other charges
accruing hereunder, without proration, reduction or setoff, until all Rented Item(s) is/are returned to and accepted
by us in the proper return condition as specified in Section 8.
3. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). You
agree: (a) to pay Art’s: (i) any deposit and the Estimated Rent specified on Page 1 in advance of the Term (the
“Prepayment”); and (ii) any other amounts coming due hereunder upon demand; and (b) that: (i) we may deduct
any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment
will be deemed a limit of your liability to Art’s; and (iv) all Prepayments are NON-REFUNDABLE unless otherwise
agreed by Art’s. Anything remaining with, in or on any Item(s) upon return will, at our option, be deemed
surrendered and abandoned.
4. Unless otherwise specifically agreed by Art’s, all rental rates are for normal use of the Rented Item(s) on a
single-shift basis during the Term, not exceeding 8 hours per day, 40 hours per week, and 160 hours per 4-week
period, and otherwise in accordance with the terms hereof and the “Instructions” described in Section 7. Additional
Rent will be charged for late returns, overuse, and misuse. No allowance will be made for inclement weather,
holidays, time in transit or other periods of nonuse.
5. Except with respect to Rented Items which Art’s rents from one or more third parties (each, a “Third-Party
Owner” or “TPO”) and then re-rents to you (“Re-Rented Items”), Art’s owns and will retain all right, title and
interest in all Rented Items at all times. Your only right with respect to such Item(s) (including Re-Rented Item(s))
is to use it/them in full compliance with this Contract during the Term.
6. You will not permit the taking or existence of any lien, claim, security interest or encumbrance on any such
Item. You shall not loan, transfer, sublease or assign any Rented Item or this Contract without the prior written
consent of Art’s, and if applicable, the TPO(s) (a transfer of over 50% of the equity or voting control of Lessee will
be deemed a “transfer”). We may sell and/or assign any or all of the Rented Item(s) and/or this Contract, in which
event, you will attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of
Art’s hereunder, at law or in equity.
7. Upon the earlier of our delivery or your receipt of the Item(s), unless you immediately reject it/them, you
represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete and in good order, repair and
operating condition; (ii) is appropriate for your purposes and in all ways acceptable to you; and (iii) was selected
(not based on any recommendation by Art’s), examined and inspected by you or your agent(s); and (b) you: (i)
have received, read and understood all training, instructions, user manuals, maintenance requirements, and other
information, if any (including all familiarization and training per applicable EPA, OSHA, NFPA, IFC, ASME, IEEE
and/or ANSI Standards) regarding the proper and safe transportation, installation, fueling, use, maintenance and
storage of such Item(s) (collectively, “Instructions”); (ii) will fully comply therewith (including EPA Tier 4
regulations, as applicable); (iii) have been made aware of the need to use all recommended and required safety
equipment (including fall protection and other safety equipment); (iv) will use each Item only for its intended
purpose, within its rated capacity, in a reasonable and safe manner; (v) will timely give any required notice(s) to,
and obtain all necessary licenses, authorizations, permits and approvals from, all affected parties, including
governmental authorities, utilities and cable companies, and ensure all underground lines, cables and conduits
are clearly and properly marked before using any Item(s) to dig or disturb the ground surface (call 811 or 800-
752-6007, or go to www.Kentucky811.org) at least 2 full business days in advance; (vi) will immediately cease
using any Item that is damaged, breaks down, malfunctions or proves defective (a “Malfunction”); and (vii) will
ensure that all others comply herewith. You will notify us immediately if any of the above statements is/are or
becomes incorrect.
8. You agree to protect, properly maintain and care for each Rented Item at all times, keep it safely and
securely stored and locked when not in use, and return it to Art’s on time, clean and otherwise in good order,
condition and repair, properly serviced and maintained, and if applicable, full of the appropriate fuel, fluid and
lubricants. If you fail to do so, you will pay to Art’s: (a) Rent for each succeeding full rental period until all Item(s)
have been returned or replaced as required; and (b) all costs and expenses Art’s may incur in connection with
such failure. In the event of a Malfunction, you will immediately notify, and return the Malfunctioning Item(s) to,
Art’s, and provided such Malfunction did not result from or in connection with any wrongful or negligent act or
omission of, or any breach of any provision of this Contract by, you or anyone you permit to use or deal with such
Item(s), we will, at our option: (i) repair the subject Item; (ii) provide you with a comparable Item; or (iii) return the
unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. Art’s will have
no other obligation(s) regarding Malfunctions, all of which you hereby waive.
9. If we agree to provide any service(s) (including delivery and/or retrieval of the Item(s)), you will: (a) pay our
regular charge(s) therefor, and for all waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure
our personnel have full access to the Site. Art’s will not be responsible for any delay(s) caused by the acts or
omissions of any other parties, including providers of other equipment or services (“Other Providers”) for which
you hereby release and agree to indemnify, defend and hold harmless Art’s. If you are not present upon delivery
or retrieval of any Item(s), you agree to accept the statements of our representatives regarding the same
(including status, condition and quantities).
10. WARNINGS: POWERED TOOLS AND EQUIPMENT, INCLUDING EXCAVATORS, TRACTORS,
CHAINSAWS, AND EQUIPMENT USED FOR HEATING, COOLING, LIFTING, LOADING, TILLING, CUTTING,
EDGING, GRINDING, CHIPPING, DIGGING, SHREDDING, WASHING, PUMPING, BREAKING, BORING,
AND/OR TOWING CAN BE DANGEROUS AND SHOULD BE SERVICED, MAINTAINED, REPAIRED AND
USED WITH GREAT CARE, ONLY FOR THEIR INTENDED PURPOSE(S), AND ONLY BY PROPERLY
TRAINED, FAMILIARIZED, QUALIFIED, CERTIFIED, INSTRUCTED, AND IF APPLICABLE, LICENSED,
INDIVIDUALS.
11. ART’S IS NOT THE MANUFACTURER OR DESIGNER OF ANY OF THE ITEM(S), all of which are
provided “AS-IS”. NEITHER ART’S NOR ANY TPO MAKES ANY WARRANTY, EXPRESS OR IMPLIED
(INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR
PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND/OR
WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY ARISING FROM OR IN CONNECTION
WITH ANY COURSE OF DEALING, COURSE OF PERFORMANCE AND/OR USAGE OF TRADE) regarding
any Item(s) or Service(s) provided hereunder, nor does Art’s or any TPO make any warranty against
INTERFERENCE OR INFRINGEMENT, all of which you hereby waive. No depictions, models, samples,
descriptions, specifications, recommendations or advertisements shall be deemed to constitute representations or
warranties by Art’s or any TPO.
12. YOU AGREE TO PROVIDE ANY AND ALL NECESSARY FAMILIARIZATION, TRAINING,
INSTRUCTIONS AND WARNINGS TO ALL USERS OF THE RENTED ITEM(S), and ensure that each such Item
is used safely and only: (a) for its intended purpose(s); (b) within its rated capacity; (c) unless otherwise
specifically agreed by Art’s on a case-by-case basis, at the Site; (d) BY PROPERLY TRAINED, FAMILIARIZED,
QUALIFIED, CERTIFIED AND/OR LICENSED (AS APPLICABLE) OPERATORS; and (e) otherwise in full
compliance with the Instructions as well as all applicable laws, rules and regulations, at all times. You will not, nor
will you permit anyone else to: (i) abuse, misuse, overuse, remove, conceal, repair, modify, damage or destroy
any Rented Item; (ii) violate any applicable law, policy of insurance or warranty; (iii) expose any Rented Item(s) to
any flammable, explosive, noxious, caustic, poisonous, radioactive or otherwise harmful or hazardous substances,
materials or circumstances; or (iv) without our prior consent (granted, conditioned or withheld in our sole and
absolute discretion), take possession of or exercise control over any Rented Item.
13. INDEMNITY/HOLD HARMLESS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW,
YOU: (A) ASSUME ALL RISK OF PERSONAL INJURY, LOSS, PROPERTY DAMAGE, DESTRUCTION AND
CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, ALL ITEM(S) AND SERVICE(S)
REFERENCED HEREIN, INCLUDING WITHOUT LIMITATION, ANY AND ALL LIABILITIES, CLAIMS AND
DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN,
MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE,
SERVICING, MAINTENANCE, REPAIR AND/OR RETAKING OF ANY SUCH ITEM(S) OR SERVICE(S),
WHETHER OR NOT YOUR FAULT; AND (B) HEREBY RELEASE AND DISCHARGE ART’S AND EACH TPO
FROM AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ART’S AND EACH TPO, AND THEIR
RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OWNERS, INSURERS,
SUBROGEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL
INJURIES, LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT
LIMITATION, ATTORNEYS’ FEES) ARISING FROM OR ASSOCIATED WITH ANY AND/OR ALL OF SUCH
ITEM(S) AND/OR SERVICES. You waive any and all rights and remedies available under the Uniform
Commercial Code as adopted in Kentucky, as well as all incidental, consequential, special, and punitive damages,
against Art’s and each TPO.
14. You agree to maintain all insurance Art’s deems necessary, including without limitation: (a) liability
insurance with limits of not less than $1,000,000 per occurrence; (b) property damage/inland marine, (and if any
automobile(s) is/are included in the Rented Item(s), hired auto and automobile physical damage) insurance
covering all Rented Items for the full (new) replacement value thereof. Such policies shall, as applicable: (i) name
Art’s and each TPO as an additional insured and loss payee; (ii) waive subrogation against them; (iii) be primary
and non-contributory (our insurance will be excess), and (iv) include such other provisions (including deductibles,
if any) as Art’s may deem appropriate.
15. If and only if, we have offered the OPTIONAL DAMAGE WAIVER and you have paid the Damage Waiver
fee set forth on Page 1 prior to commencement of the Term, then with respect solely to the Item(s) covered by
Damage Waiver (“Covered Items”), you will have no liability to Art’s for 80% of the cost to repair or replace such
Covered Items (up to $10,000) if and to the extent they suffer physical damage during the Term; provided
however, that you will remain liable to Art’s for: (a) 20% of all repair/replacement costs for Covered Items; (b)
ALL damage to or loss of Covered Item(s) caused in whole or in part by: (i) your breach of this Contract; (ii) theft
or any failure to return Covered Item(s); (iii) gross negligence, misuse and/or abuse; (iv) vandalism and malicious
mischief, (v) use of alcohol or drugs; and/or (vi) use of any Rented Item in violation of this Contract or any
applicable law or policy of insurance; (c) all damage to glass, tires, belts, tracks, chains, knobs and/or hoses; and
(d) all replacement or repair costs for damage to Covered Item(s) in excess of $10,000 (see our Damage Waiver
Guide for additional information). You may decline Damage Waiver if you fully comply with this Contract (including
Section 14). DAMAGE WAIVER IS NOT INSURANCE, NOR IS IT A WARRANTY.
16. We may, without notice or liability to you, monitor (in person, electronically and/or via telematics) and/or
inspect any Rented Item(s) at any time, and all information thereby obtained will be the sole and exclusive
property of Art’s. To the maximum extent permitted under applicable law, you hereby grant to Art’s a lien on all
real and personal property (a) placed in or on; (b) improved with; and/or (c) on which may be located or used, any
Rented Item(s). You authorize Art’s to obtain and retain your credit information and history. If any performance
required of Art’s is delayed or rendered impractical as a result of any act or omission of any Other Provider(s) or
any “Act of God” (any event, fact or circumstance beyond our reasonable control), we will be excused from such
performance. You waive the benefits of any and all statutes of limitations regarding our rights and remedies. All
amounts due hereunder but not timely paid will bear interest at the lesser of: (a) 18% per annum, or (b) the
highest rate permitted under applicable law until paid. You agree to pay Art’s the maximum lawful charge for any
check you write which is returned unpaid. Our maximum liability in connection with this Contract is limited to
the amount(s) actually paid by you hereunder. This Contract allocates to you the risk of injury, loss of, or
damage to, persons or property arising in connection with the subject matter of this Contract, and that allocation is
reflected in a reduced Rent. You agree to pay all taxes (including all sales, use, transfer, value added and other
taxes), fines, fees, assessments and other charges related to each Item. In the event any legal action is
commenced in connection with this Contract, if Art’s is the prevailing party, Art’s will be entitled to recover its costs
and expenses associated therewith (including without limitation, attorneys’ fees and expenses) from you. Neither
our exercise, nor our failure or delay in the exercise, of any rights or remedies available in connection herewith will
constitute an election of remedies or a waiver of any right or remedy we may have.
17. This Contract, and any Addenda provided by Art’s, constitute the entire agreement between you and Art’s,
superseding all other agreements and representations (including Our website and advertising). The terms of this
Contract are severable. If any provision of this Contract is deemed invalid or unenforceable by any court of
competent jurisdiction, such provision will be modified to the minimum extent necessary to make such provision
valid and enforceable, or if no such modification shall be possible, deleted, and in either such event, the
remainder of this Contract will remain valid and in full force and effect. This Contract cannot otherwise be
amended or extended except in a writing signed by Art’s. You acknowledge that this Contract: (a) constitutes a
true “operating lease” (and not a disguised financing); (b) is fair and reasonable under the circumstances; and (c)
shall be interpreted under the laws of, and proper venue for any and all associated civil legal proceedings shall lie
solely and exclusively in, the federal and state courts located in or nearest to the state and county in which the
Art’s facility from which you obtained the Item(s) is located (unless waived by Art’s). You consent and submit to
such jurisdiction and venue and waive all claims that it constitutes an inconvenient forum. Time is of the essence.
There are no third-party beneficiaries hereto other than TPOs (if any).
18. Your duties hereunder are unconditional. If you or any guarantor: (a) fail to fully and timely pay or perform
your obligations arising under, or otherwise fail to fully and timely comply with, any provision of this Contract or
any other agreement with Art’s; (b) provide any incorrect or misleading information to Art’s; (c) become insolvent;
or (d) die or cease conducting business, or if any Rented Item(s) shall be lost, damaged or destroyed (except to
the extent covered by Damage Waiver as provided in §15), you will be in default, whereupon, Art’s may with or
without legal process or notice (and without liability to you), to the maximum extent permitted under applicable
law, immediately: (i) terminate your rental; (ii) seek relief from any automatic stay; (iii) recover, lock or disable the
Item(s) without being guilty of trespass or liable for personal injuries or property damage (for which you agree to
indemnify, defend and hold harmless Art’s); (iv) perform your obligations hereunder on your behalf, without being
obligated to do so; (v) purchase replacement Item(s) as necessary; (vi) recover from you and/or any guarantor our
associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the
remainder of the Term and attorneys’ fees); and/or (vii) pursue any other rights and/or remedies available
hereunder, at law and/or in equity, all of which shall be cumulative.
19. WARNING: A person is guilty of theft of services when: (a) the person intentionally obtains services by
deception or threat or by false token or other means to avoid payment for the services which he knows are
available only for compensation. Doing so may result in CIVIL LIABILITY AND/OR CRIMINAL PROSECUTION.
See KRS § 514.060, et seq. for details.
20. These Terms and Conditions will be deemed to apply not only to all Item(s) identified on Page 1, but
also to all other Items you obtain from Art’s at any time (except only as otherwise agreed by Art’s). Digital,
electronic, photocopied and facsimiled signatures and initials included on this Contract shall be deemed the
equivalents of originals for all purposes.
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