For good and valuable consideration, you and Barnhart 501, LLC, a Virginia limited liability company, d/b/a “501 Rental, LLC” (also referred to herein as “501”, “Lessor,” “we,” “us” and “our”) agree as follows:
1. Definitions:
“P.1” refers to the first page or “face” of this Contract.
“Contract” refers to P.1 together with these Terms and Conditions.
“Rented Item(s)” or “Item(s)” means the item(s) rented to you, as identified on P.1.
“Site” means the address set forth on P.1 where the Item(s) is/are to be delivered and/or used.
“Customer,” “Lessee,” “you” and “your” mean the “Renter,” “Customer,” “Lessee” and/or “Guarantor” (as applicable) identified on P.1.
2. Term and Payments:
You agree to rent the Rented Item(s) for the period(s) specified on P.1 (the “Term”) and pay the rental rate(s) (the “Rent”), along with other charges, without proration or reduction.
Additional Rent at the highest incremental rate will be charged for late returns and overuse.
Taxes, tolls, fines, and other charges related to each Item are your responsibility.
All Prepayments are NON-REFUNDABLE.
Late payments will accrue interest at 18% per annum or the highest rate permitted by law.
3. Title and Limitations:
501 owns all Rented Items unless rented from a Third Party Owner (TPO).
You shall not transfer, sublease, loan, or encumber the Rented Item(s).
4. Instructions:
Upon receipt or delivery, you confirm that each Item is in good condition and suitable for your use.
You agree to comply with all laws, regulations, safety standards, and personal protective equipment requirements.
You will not use any Item while under the influence of intoxicants (including cannabis and alcohol).
5. Services:
If we provide delivery, maintenance, or other services, you will pay the charges and ensure our personnel have full access to the Site.
6. Malfunctions:
If an Item malfunctions, immediately stop using it and notify 501.
7. Delivery/Return:
You must return the Items on time, in good condition, clean, and free of contamination.
8. SAFETY WARNING:
The Rented Items can be dangerous. Only qualified, trained, and licensed individuals should use them.
9. INDEMNITY:
You assume all risks associated with the Rented Items and agree to indemnify 501 from all related claims, damages, and losses.
10. Insurance:
You must maintain liability and property damage insurance covering the full replacement cost of the Rented Items.
11. NO WARRANTIES:
All Rented Items are provided “AS-IS” without warranties of merchantability or fitness for a particular purpose.
12. Force Majeure:
We are not responsible for delays due to events beyond our control, including Acts of God, natural disasters, labor strikes, or government actions.
13. Severability/Miscellaneous:
If any provision is found unenforceable, the remainder of the Contract remains in effect.
14. Defaults / Remedies:
If you fail to comply, 501 may repossess the Items, charge for losses, and pursue legal action.
15. Venue / Arbitration:
Disputes may be subject to binding arbitration under Virginia law.
You waive the right to a jury trial and class actions.
16. THEFT WARNING:
Failing to return or misappropriating rented items may be considered larceny and result in civil penalties or criminal prosecution under Virginia law.