Air Now Rental, LLC.
PO Box 242092
Little Rock AR 72223
T (501) 888-8080
[email protected]
www.airnowrental.com
Rental Agreement Terms & Conditions
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Customer Name
Contact Person _________________________________________________________________________________
Address
State
Zip
_________________________________________________________________________________
Phone
Fax
Email
Make
Model
Hours
Rental
Rate
Description
Delivery
Setup Fee
The above named customer (“Customer”) agrees to rent from Air Now Rental, LLC (“Air Now”) and
Air Now agrees to rent to Customer the following equipment (“Equipment”) subject to the Terms and
Conditions contained herein.
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Job / Delivery Location
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Return Date
Terms and Conditions
1. Use. The Customer agrees that the Equipment is rented for the exclusive use of the Customer at the specified
Job or Delivery Location and that no rented Equipment shall be sublet, assigned, encumbered, pledged as security,
or removed from the Job or Delivery Location, at which the Customer represented it was to be used, except with
previous written consent of Air Now. Nothing recorded in this agreement shall be construed by the Customer as
creating any right, title, or interest in favor of the Customer in or over the Equipment. The customer agrees that it
has received only permissive right to use the Equipment and to return the Equipment by the Return Date or on
demand of Air Now.
2. Rental Period. Rental Period begins when Equipment is delivered to the Job or Delivery Location and
continues until Equipment is returned to Air Now. No allowance will be made for holidays, time in transit, or any
period of time the equipment may not be in actual use during the Rental Period.
3. Rental Rate. Customer shall pay the Rental Rate on each piece of Equipment named in the list of Equipment
at the rate therein stipulated. A Rental Rate is for a minimum period of one (1) week (7 days), any portion of a
week will be billed as a full week. Rental Rate is calculated for normal and reasonable use (eight (8) hours per
day, five (5) days per week, or 160 hours per month) on a one-shift basis and may be increased proportionately at
the sole discretion of Air Now for any greater usage, unless otherwise noted.
4. Delivery Setup Fee. In addition to Rental Rate, Customer agrees to pay Air Now a separate one time Delivery
Setup Fee on each piece of Equipment. The Delivery Setup Fee is priced according to distance to Job or Delivery
Site and time required to set up the Equipment.
5. Inspection. Acceptance of Equipment by the Customer will serve as binding acknowledgment that Customer
has fully inspected the Equipment and that such Equipment has been received in good, safe mechanical condition
and is subject to the terms and conditions of this agreement, unless Air Now is notified to the contrary by written
notification at the time of rental.
6. Terms of Payment. All rental payments under this agreement are due and payable to Air Now at P.O. Box
263, Bryant, Arkansas, 72089 in advance of delivery of Equipment. Amounts not paid within terms are subject to
a service charge at the maximum rate permitted by law.
7. Continuation of Agreement. If Customer retains the Equipment beyond the Return Date, such retention shall
be construed as a continuance of this agreement at the same Rental Rate and under the same terms and conditions
until the Equipment is retuned to Air Now. In such event, rental payments under this agreement are due and
payable to Air Now at P.O. Box 263, Bryant, Arkansas, 72089 within 15 days of the date of invoice.
8. Compliance. The Customer agrees at it sole expense to comply with all Federal, State, and Local laws,
regulations, and ordinances which may affect the Equipment and Customer’s use while in the Customer’s
possession, including the Occupational Safety and Health Administration Act (OSHA). The Customer here by
agrees to indemnify and hold harmless from any liability or expense, including attorney’s fees, resulting from any
actual or alleged violations of such laws, regulations, and ordinances.
9. Liability and Damage. The Customer agrees to pay for any and all damages, theft, risk of loss or destruction
to Equipment from any and every cause that occurs during the Rental Period, normal and reasonable wear and tear
excepted. If the Equipment is not in good repair, appearance or condition when it is returned to Air Now, then Air
Now may make such repairs as are necessary to put the Equipment in a state of good repair, appearance and
condition, and the Customer will reimburse Air Now for the actual expenses of said repairs. Customer agrees to
keep Equipment locked and guarded when not in use. 10. Indemnification. Customer agrees to indemnify, save, and hold harmless Air Now, and Air Now's officers,
agents, and employees, from all losses, costs, claims, liabilities, obligations, judgments, expenses, and damages in
whole or in part (including, without limitation, attorney’s fees and costs) for any injury to person(s) (including
death) or damage to property which is caused by, relates to, arises out of, or is in connection with Customer's
performance under this agreement, Customer’s possession, use, operation, maintenance or return of any
Equipment, including any intentional or negligent act(s) or omission(s) of Customer, or any breach by Customer
of this agreement. This indemnification by Customer shall survive the expiration or termination of this
agreement.
The Customer shall furnish Air Now a complete and detailed report of any accident or other incident involving the
Equipment including names, addresses and all contact information of all persons involved and all witnesses of the
incidents.
11. Insurance. The Customer agrees that subrogation will be waived against Air Now and its insurers in all
policies of the Customer’s insurance. Air Now requires and Customer agrees to keep Equipment insured during
the Rental Period for any damage, theft, risk of loss or destruction and carry public liability and property damage
insurance covering the Equipment and its operation and handling. The insurance shall provide Air Now full
replacement cost value and loss of rental revenue during the replacement or repair time period. The Customer
agrees to furnish, upon request by Air Now, complete information concerning insurance coverage, and in the
event of loss to exercise all rights available under said insurance and to assign any and all proceeds from said
insurance to Air Now.
12. Sales Tax. The tax amount applicable to the transaction contemplated herein may include sales and/or use tax
at the applicable amount for state and local tax for the State of Arkansas.
13. Termination. Air Now may terminate this agreement by providing Customer with 10 days written notice.
Should the Customer (i) fail to make payment in accordance with the terms of this agreement and such failure
continues for a period of fifteen (15) days, (ii) become bankrupt, become insolvent make an assignment for the
benefit of its creditors, (iii) fail to maintain and/or operate, or to return the Equipment as provided by this
agreement, (iv) fail to maintain insurance required by this agreement, (v) or violate any material provision hereof,
Air Now may after three (3) days’ notice in writing of such event, terminate this agreement, take possession of the
Equipment wherever it may be found without becoming liable for damages or for trespass, and in addition to any
other remedies Air Now may have, recover all amounts due together with any amounts for damage to the
Equipment and all expenses incurred for repossessing the Equipment.
14. Repossessing/Recovering of Equipment. If the Customer fails to return or turn over any or all Equipment
by the Return Date, to pay Rental Rates within the terms agreed herein, to provide adequate protection from loss
or damage to the Equipment as determined by Air Now, or to perform any obligations herein, the Customer agrees
that Air Now or its representative may take all action reasonable necessary to repossess the Equipment without
prior notice or legal process. In the event of a breach of any material provision of this agreement Air Now has the
right to enter the property or premise that the Equipment is located and inspect or recover Equipment. The
Customer assumes full responsibility for any damage or loss, physical or pecuniary caused by repossessing/
recovering the Equipment and agrees to pay all costs and expenses incurred by Air Now for repossessing/
recovering the Equipment, if necessary.
15. Role of Air Now. Air Now is and will be considered a rental company and is not, and shall not be construed
to be, in any other relationship with Customer whatsoever, including that of joint ventures, partners, employer and
employee, or principal and agent. All necessary maintenance and proper operation during the Rental Period are
the sole responsibility of the Customer. Air Now agrees to deliver the Equipment to the Job or Delivery Location
and, unless otherwise agreed, set up the Equipment in workable and good repair. Air Now agrees to pick up the
Equipment at the end of this agreement. 16. Maintenance, operation and repairs. The Customer shall not make any alterations, additions or
improvements to the Equipment without Air Now’s prior written consent. The Customer at its own expense will
operate and maintain the Equipment and return it in the same condition in which it was received. Specifically the
Customer must: (i) ensure that the Equipment is operated and maintained in accordance with applicable
manufacturer’s guidelines and instructions by qualified personnel and (ii) return the equipment in good repair,
clean and unmarked condition, ordinary wear and tear from proper use expected. Air Now Rental agrees to repair
broken or inoperable Equipment, not occasioned by the negligent acts or omissions of Customer, within a
reasonable time period upon notice of Customer.
17. Warranty. The Equipment rented hereunder has been selected by Customer for its own purposes and Air
Now especially disclaims any reliance upon any statement or representations made by Air Now. Air Now does not
warrant any collateral or punitive costs caused and/or incurred by the Customer.
18. Applicable Law. This agreement and any and all other agreements entered into by the parties will be
governed by the laws of the State of Arkansas. Any claim or lawsuit filed by either party to this agreement shall
be brought in a court of law in the State of Arkansas. If any party brings or attempts to bring any legal action,
mediation or arbitration of any portion of this agreement, Air Now reserves the right to recover all fees, including
attorney’s fee.
As printed and signed below, the Customer acknowledges that he or she has had the opportunity to seek
legal counsel, that he or she has read and understands the above printed agreement and agrees to be bound
by all provisions held here within, and that the representative of the Customer, states he or she has legal
and necessary authority to enter into this agreement on behalf of the Customer.
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Printed Name of Customer Representative
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Printed Name of Air Now Rental Representative
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Signature
Date
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Signature
Date