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“Authorized Individuals” are those individuals that Customer directly or indirectly allows to use the Equipment, who must be properly trained to use the Equipment, at least 18 years old or the legal age of majority in the state, whichever is greater and are not under the influence of any drugs, alcohol, substances or otherwise impaired. “Customer” is identified earlier and includes any of your representatives, agents, officers, employees or anyone signing this Contract on your behalf. “Environmental Services Charge” is the charge described in Section 17. “Equipment” is the equipment and/or services identified on the other pages provided, together with all replacements, repairs, additions, attachments and accessories and all future Equipment rented. “Incident” is any fine, citation, theft, accident, casualty, loss, vandalism, injury, death or damage to person or property, claimed by any person or entity that appears to have occurred in connection with the Equipment. “Lost” means the Equipment is either stolen, its location is unknown, or Customer is unable to recover it for a period of 30 days. “FMV” is the Equipment’s fair market value on or about the date of the Incident relating to the Equipment, plus any administrative fees and expenses. “One Shift” means not more than 8 hours per day, 40 hours per week and 160 hours every 4-week period, provided that double shift will be 150% and triple shift will be 200% of the rental charge on Equipment with hour meters. “Ordinary Wear and Tear” means normal deterioration considered reasonable in the equipment rental industry for One Shift use. “Party” means SAL Heavy Equipment Inc or Customer and together both are the “Parties.” “Pick-Up Number” is the number Customer obtains from SAL Heavy Equipment Inc evidencing the Customer’s call to pick up Equipment. “Rental Period” commences when the Equipment is delivered to Customer or the Site Address and continues until the Equipment is returned to the Store or picked up by SAL Heavy Equipment Inc during normal business hours, provided Customer has otherwise complied with this Contract. “RPP” is the rental protection plan described in Section 10. “Site Address” is the location that Customer represents the Equipment will be located during the Rental Period identified earlier. “Store” is the SAL Heavy Equipment Inc location identified earlier. “SAL Heavy Equipment Inc” is SAL Heavy Equipment Inc and its affiliated companies, their respective officers, directors, employees and agents. “Telematics Data” is data collected within the Equipment or via software relating to the Equipment, its performance, location, or operators. “Transportation Surcharge” is a charge intended to defray a wide range of transportation expenses (both direct and indirect), which are not always fully recovered by other transportation charges.
Customer’s execution of this Contract or taking possession of the Equipment (whichever occurs first) shall be deemed acceptance of the terms herein for this and all past and future contracts between SAL Heavy Equipment Inc and Customer upon Customer’s receipt of SAL Heavy Equipment Inc’s Equipment under those contracts. Customer rents the Equipment from SAL Heavy Equipment Inc pursuant to this Contract, which is a true lease. The Equipment (a) is and shall remain the personal property of SAL Heavy Equipment Inc and (b) shall not be affixed to any other property. Customer shall not pledge or encumber the Equipment in any manner.
Customer agrees and warrants that (a) SAL Heavy Equipment Inc has no control over the manner in which the Equipment is operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits, (b) prior to each use and its return to SAL Heavy Equipment Inc, Customer shall inspect the Equipment to confirm that the Equipment is in good condition, without defects, readable decals are on the Equipment, and the Equipment is suitable for Customer’s intended use; (c) Customer has access to and reviews the operating and safety instructions and will operate the Equipment in accordance with the manufacturer’s instructions and with applicable safety equipment; (d) any apparent agent at the Site Address is authorized to accept delivery of the Equipment; (e) Customer shall immediately stop use and notify SAL Heavy Equipment Inc if the Equipment is damaged, unsafe, disabled, malfunctioning, warning lights come on, levied upon, threatened with seizure, Lost, or if any Incident occurs; (f) Customer has received from SAL Heavy Equipment Inc all information needed or requested regarding the operation of the Equipment; (g) SAL Heavy Equipment Inc is not responsible for providing operator or other training unless Customer specifically requests in writing and SAL Heavy Equipment Inc agrees to provide such training; (h) SAL Heavy Equipment Inc is not responsible for Customer’s obligation to provide reasonable accommodation(s) to any (disabled) Authorized Individual(s); (i) only Authorized Individuals shall use and operate the Equipment, however Customer is responsible for the Equipment and its use during the Rental Period regardless of the user; (j) the Equipment shall be used and maintained in a careful manner, within the Equipment’s capacity and in compliance with all applicable laws, regulations, as well as all operating and safety instructions, including but not limited to OSHA and ADA, as revised; (k) the Equipment shall be kept in a secure location; and (l) Customer shall provide SAL Heavy Equipment Inc with accurate and complete information.
Customer shall not (a) alter or cover up any decals or insignia on the Equipment, remove any operating or safety equipment or instructions or alter or tamper with the Equipment; (b) assign its rights under this Contract; (c) move the Equipment from the Site Address without SAL Heavy Equipment Inc’s written consent; (d) use the Equipment in a negligent, illegal, unauthorized or abusive manner; (e) publicize use of the Equipment in any manner (including, without limitation, print, audiovisual or electronic); or (f) allow the use of the Equipment by anyone other than Authorized Individuals.
Customer shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, grease, cooling and fluid systems, batteries, tires/tracks cutting edges, and cleaning in accordance with the manufacturer’s specifications, as applicable. All other maintenance or repairs may only be performed by SAL Heavy Equipment Inc or its agents, but SAL Heavy Equipment Inc has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call. If SAL Heavy Equipment Inc determines that repairs to the Equipment are needed, other than Ordinary Wear and Tear, Customer shall pay the full repair charges, additional fees, if any, and rental of the Equipment until the repairs are completed. If Equipment is stolen or damaged in excess of 40% of the Equipment’s FMV, Customer will be responsible for the FMV of the Equipment, including sales tax, as applicable. SAL Heavy Equipment Inc has the right to inspect the Equipment wherever located.
DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT. After an Incident, Customer shall (a) immediately notify SAL Heavy Equipment Inc, the police, if necessary, and Customer’s insurance carriers; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until SAL Heavy Equipment Inc or its agents investigate; (c) immediately submit copies of all police or other third party reports to SAL Heavy Equipment Inc; and (d) as applicable, pay SAL Heavy Equipment Inc the rental rate for Equipment until the repairs are completed or Equipment replaced plus either (i) the FMV or (ii) the full charges of recovery and repairs of damaged Equipment.
SAL HEAVY EQUIPMENT INC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. Customer acknowledges acceptance of the Equipment on an “AS IS, WHERE IS” basis, with “ALL FAULTS” and without any recourse whatsoever against SAL Heavy Equipment Inc Entities. Customer assumes all risks associated with the Equipment and releases SAL Heavy Equipment Inc Entities from all liabilities and damages (including lost profits, personal injury, and special, incidental and consequential damages). If Customer is a consumer under applicable law, then no consequential damages limitation of injuries to persons shall apply.
To the fullest extent permitted by law, Customer indemnifies, releases, holds SAL Heavy Equipment Inc Entities harmless and at SAL Heavy Equipment Inc’s request, defends SAL Heavy Equipment Inc Entities from and against all liabilities, claims, losses, damages, and expenses related to any Incident, damage to property, injury or death of any person, contamination, or violation of law connected with the access, use, possession or control of the Equipment by Customer or any third party that Customer permits, or breach of this Contract. Customer also agrees to waive its workers’ compensation immunity, to the extent applicable. Customer’s indemnity obligations shall survive the expiration or termination of this Contract.
During the Rental Period, Customer shall maintain, at its own expense, the following minimum insurance coverage: (a) general liability insurance of not less than $1,000,000 per occurrence; (b) property insurance against loss by all risks to the Equipment in an amount at least equal to the FMV thereof, unless RPP is elected; (c) worker’s compensation insurance as required by law; and (d) automobile liability insurance if the Equipment is to be used on any roadway. Such policies shall be primary, non-contributory, on an occurrence basis, contain a waiver of subrogation, and name SAL Heavy Equipment Inc as additional insured and loss payee with at least 30 days prior written notice of cancellation. Customer shall provide certificates of insurance to [email protected].
The RPP modifies Customer’s repair/replacement responsibility and limits the amount SAL Heavy Equipment Inc collects to: (a) 10% of the FMV for Lost Equipment, up to $500 per piece; (b) 10% of repair charges for incidental or accidental damage, up to $500 per piece; (c) charges in excess of $50 per tire for tire repairs; and (d) nothing for the rental charges that would otherwise accrue during repair/replacement. The RPP is NOT INSURANCE and does NOT protect Customer from liability to SAL Heavy Equipment Inc or others. Conditions: (i) accept RPP in advance; (ii) pay 15% of gross rental charges as the RPP fee; (iii) full compliance with this Contract; (iv) account current at the time of loss; (v) no Exclusions apply. Exclusions: (A) intentional misuse; (B) Lost Equipment not reported to police within 48 hours; (C) floods, water level changes, wind, storms, earthquakes or Acts of God; (D) accessories not charged the RPP fee. If Lost Equipment is later recovered, SAL Heavy Equipment Inc retains ownership.
Total charges are: (a) estimated based upon Customer’s representation of the Rental Period; and (b) for One Shift use unless otherwise noted. Weekly and 4-week rates shall not be prorated. Rental charges accrue during Saturdays, Sundays and holidays. Customer is responsible for taxes, delivery/pickup, maintenance, cleaning, miscellaneous charges, fuel, dyed-fuel fines, an Environmental Services Charge (see salheavyequipment.com/environmentalfee) and a Transportation Surcharge (see salheavyequipment.com/surcharge).
Customer shall pay in full, in advance at the time of rental, unless SAL Heavy Equipment Inc approves an extended payment terms credit application. Approved commercial customers pay in arrears upon receipt of invoice. Customer must dispute any amounts in writing within 15 days of receipt or waive the right to dispute. A service charge equal to the lesser of 1.5% per month or the maximum rate permitted by law applies to delinquent accounts. Returned-check fee is $75. If a credit or debit card is presented, Customer authorizes SAL Heavy Equipment Inc to charge it for all amounts shown on this Contract and charges subsequently incurred. Effective June 1, 2021, where permitted by law, SAL Heavy Equipment Inc may impose a 2% (minimum $3) surcharge on credit card payments on charge accounts.
SAL Heavy Equipment Inc may terminate this Contract at any time. Equipment shall be returned in the same condition received, less Ordinary Wear and Tear and free of hazardous materials. If SAL Heavy Equipment Inc delivered the Equipment, Customer shall obtain a Pick-Up Number and remains liable for loss/damage until SAL Heavy Equipment Inc confirms return condition. No pickups occur on Sundays or statutory holidays; Saturday pickups depend on Store hours. Self-return must be to the same Store during normal business hours. If Equipment is not returned by the estimated end of the Rental Period, the applicable rental rate continues until end.
Equipment, materials or other items identified for purchase are sold and delivered on an “AS IS, WHERE IS” basis, with all faults and without any warranties (other than manufacturer warranties, if any). SAL Heavy Equipment Inc retains title until the full purchase price is paid.
Customer is in default if SAL Heavy Equipment Inc deems itself insecure or if Customer: (a) fails to pay sums when due; (b) breaches any Section; (c) becomes a debtor in bankruptcy or has assets seized; (d) fails to insure the Equipment; (e) fails to return Equipment immediately upon SAL Heavy Equipment Inc’s demand; or (f) is in default under any other contract with SAL Heavy Equipment Inc. SAL Heavy Equipment Inc may repossess without judicial process or prior notice. Customer pays all of SAL Heavy Equipment Inc’s costs, including collection costs, court costs, and attorneys’ fees. Customer waives any right of action against SAL Heavy Equipment Inc Entities for such repossession.
The use of false identification to obtain Equipment or the failure to return Equipment by the end of the Rental Period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to applicable laws.
To promote a clean and sustainable environment, SAL Heavy Equipment Inc incurs a wide range of environmental related expenses (both direct and indirect), including waste disposal, cleaning facilities, fuel-efficient equipment, labor and administration. To help offset these costs, SAL Heavy Equipment Inc assesses an Environmental Services Charge plus applicable taxes in connection with certain rentals. The Environmental Services Charge is not a tax or governmentally mandated charge.
Three options for fuel-using Equipment: (a) Prepay Fuel Option — purchase a full tank at start; the convenience charge is refunded if returned full. (b) Pay on Return Option — refueling charge based on gallons required to refill. (c) Return Full Option — no fuel charge if returned with at least as much fuel as received. Customer agrees that none of these options are a retail sale of fuel.
SAL Heavy Equipment Inc reserves the right to suspend, terminate, and/or block customer accounts for any reason, including suspicious/malicious activity or the account being compromised in any way.
IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, CUSTOMER AGREES THAT SAL HEAVY EQUIPMENT INC’S LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM SAL HEAVY EQUIPMENT INC’S, SAL HEAVY EQUIPMENT INC ENTITIES, OR ANY THIRD PARTY’S COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT.
IN ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS CONTRACT, CUSTOMER AND SAL HEAVY EQUIPMENT INC HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, this waiver being a material inducement to entering into this Contract.
AT THE ELECTION OF CUSTOMER OR SAL HEAVY EQUIPMENT INC, ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY PERTAINING TO THIS CONTRACT SHALL BE SETTLED BY ARBITRATION BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN A PURPORTED CLASS OR REPRESENTATIVE CAPACITY, administered by the American Arbitration Association under its Commercial Arbitration Rules or by JAMS pursuant to its Streamlined Arbitration Rules and Procedures.
Removal of the Equipment from the United States is prohibited under this Contract. If Customer desires the transport and/or operation of the Equipment outside of the U.S., Customer must (a) obtain SAL Heavy Equipment Inc’s consent prior, including approval of an established customs broker, and (b) execute an amendment to this Contract. Refer to www.bis.doc.gov for information.
Customer consents to the collection, use and disclosure of the data and information Customer voluntarily provides to SAL Heavy Equipment Inc, including personally identifiable information and financial information, as well as the Telematics Data collected from the Equipment, as described in our Privacy Policy at salheavyequipment.com/privacy-policy.
This Contract, including any related tort claims, shall be governed by the laws of South Carolina, without regard to any conflicts of law principles. If any Section is prohibited by law, such Section shall be ineffective to the extent of such prohibition without invalidating the remaining Sections.
SAL Heavy Equipment Inc shall not be liable for any failure or delay caused by events beyond its control, including (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics or explosion; (c) war, hostilities, terrorist threats, riots; (d) government order, law, regulations, shutdowns; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes or labor stoppages; (h) shortage of adequate power or transportation facilities; and (i) other events beyond the control of SAL Heavy Equipment Inc.
This Contract, together with any executed commercial credit application, constitutes the entire agreement of the Parties regarding the Equipment and may not be modified except by written amendment signed by the Parties. Any reference in Customer’s purchase order to other terms is void. Customer’s obligations survive termination of this Contract. If any term is invalid, illegal, or unenforceable, such invalidity shall not affect any other term. Headings are for convenience only. The more specific terms control. A copy of this Contract is valid as the original. The person signing represents and warrants that they are 18 or the legal age of majority in the state, whichever is greater, and have full authority to execute and deliver this Contract.
Additional terms and conditions for Shoring can be found at https://salheavyequipment.com/legal/safety/shoring/.
SAL Heavy Equipment delivers reliable machinery, industrial equipment, and professional support solutions for construction, logistics, mining, manufacturing, and energy operations across multiple industries.
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