Rental Terms & Conditions

Wolter, Inc. Rental Terms and Conditions

These Standard Terms and Conditions apply except to the extent directly inconsistent with other terms or conditions stated in the body of a signed document.

1.  Acceptance. (“Lessor”) rents its equipment only on the terms and conditions set forth herein. The Customer accepts these terms and conditions by ordering, receiving and/or using any rented equipment provided by Lessor. Any inconsistent or additional terms, modifications, or changes, whether provided in Customer’s purchase order or otherwise, are deemed material, are expressly rejected, and do not form a part of the rental contract unless Lessor agrees to such terms in writing.

2.  Prices: Payments; Interest. Prices exclude sales tax. Payment terms for equipment sales are NET 10 days from date of invoice. All other invoices are NET 30 days from date of invoice unless otherwise agreed upon in writing. All overdue amounts bear a finance charge of 1.5% per month.

4.  Delivery; Removal; inspection. Lessor shall deliver the equipment to the site specified by Customer and the equipment shall not hereafter be moved by Customer to a different site without Lessor’s prior written consent. Lessor shall pick up the equipment at the conclusion of the rental. Lessor’s normal pick-up and delivery charges apply. Lessor has the right, without prior notice to Customer, to inspect the Equipment during the Lessor’s normal business hours to observe its condition and assure that it is not being abused.

5.  Maintenance; Repair; Alteration. Customer agrees it will (a) use, operate and maintain the equipment in a careful manner, in the ordinary course of its business, and only for the purpose for which such equipment was rented, and (b) make no alterations or modifications to the equipment without Lessor’s prior written consent

6.  Loss or Damage; Indemnity; Insurance. Upon the equipment being delivered to Customer and until it is picked up by or returned to Lessor, Customer assumes and shall bear the entire risk of loss, theft, damage or destruction of the equipment from an cause, including (without limitation) damages caused by abuse (reasonable wear and tear excepted). In the event of total loss, the Customer shall reimburse the Lessor the full replacement value of a new, comparable machine (including freight, attachments and setup costs). Customer shall be solely responsible for any damage to person or property caused by its use or operation of the equipment and shall indemnify the Lessor from any liability or costs (including reasonable attorney’s fees) arising out of any such incident. Customer shall carry public liability insurance and property damage insurance covering the equipment, with limits of not less than $1,000,000, and shall name Lessor as an additional insured as its interests may appear. Customer shall upon request provide to Lessor a Certificate of Insurance to Lessor to document such coverage.

7.  Warranties; Disclaimers. Lessor warrants that the rental equipment provided to Customer shall be in good working order at the time of delivery. LESSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIEDWARRANTIES OR MERCHANTABILITY AND FITNESS FOR PARTICULAR

PURPOSE. Customer’s sole remedy for breach of Lessor’s warranty is to obtain repair or replacement of the rented unit. LESSOR SHALL HAVE NO LIABILITY TO CUSTOMER FOR LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND, WHEATHER ARISING IN CONTRACT, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POTENTIAL DAMAGES IN ADVANCE.

8.  No Assignment of Subletting. Customer shall not, without Lessor’s prior written consent, assign or sublet to any third party its righto use and possess the equipment or allow the equipment to be used or possessed by anymore other than Customer and its employees. 

9.  Cancellation. Any order accepted by Lessor may be cancelled by Customer only upon written notice to Lessor and payment of Lessor’s cancellation charges. At Customer’s request a statement of such charges will be furnished by Lessor prior to cancellation. 

10.  Waiver. No waiver by either party of a right under this agreement shall waive any other rights. 

11.  Governing Law; jurisdiction; Venue; waiver of Jury. This agreement shall be governed by the laws of the state of Wisconsin. With respect to any disputes arising out of the subject transaction: (i) Buyer expressly consents to, and subjects him/itself to, the personal jurisdiction of courts located in the State of Wisconsin and to venue located in Milwaukee or Waukesha County; and (ii) waives any rights to trial by jury.

12.  Attorney’s fees. Lessor shall be entitled to reimbursement of reasonable attorney fees and collection costs incurred to enforce its rights under this agreement. 

13.  Severability. Any legally unenforceable provision may be severed from this agreement, and the remaining terms and conditions will be enforced as a whole.

14.  Entire Agreement. These terms and conditions and any other writing signed by Lessor constitute the entire agreement, and may not be modified other than by a written document signed by Lessor.

15.  Equipment Repair: Lessee shall check the general condition of the equipment on a daily basis. Lessee will also supply all water, fuel and oil if needed and take care of all minor day to day services. Lessor will provide all other maintenance during lessor’s normal business hours of 7:00 am to 3:30 pm. If the Lessee requires service at other times than the lessors normal business hours, lessee agrees to pay the difference between the mechanics standard and premium rates in effect at the time of the requested service.

16.Operation of Equipment: Lessee shall have only qualified trained operators run the equipment and must use safety belts, harnesses or lanyards as required. 

17.  Equipment Return: Equipment is to be returned in good operating condition with all items shipped to the lessee on this contract to include keys, manuals and all other non-consumable items. Items missing will be invoiced to the lessee at prevailing rates. Any excessive dirt, damage, abuse or wear and tear beyond normal use will be the lessee responsibility. The equipment is not to be used for sandblasting or painting without prior approval. Solution tanks and hoppers in scrubbers and sweepers must be emptied and cleaned prior to return.