Terms & Conditions
1. Rental Period – The rental period commences when the equipment arrives on-site at the customer’s property, venue or event location. It ends based on the time it was previously agreed to by Leaphart’s Specialty Air & Power LLC and customer. Equipment will be removed as soon as possible based on that agreement and can make scheduling changes if agreed to by both parties as needed.
2. Payment Terms – Unless other arrangements are made prior to equipment leaving storage facility, the payment for the rental period, freight charges, and security deposit and other associated charges shall be due in advance. Subsequent payments due on the first day of each rental period (if on a weekly or monthly recurring rental agreement).
3. Late Payment – Late payments are subject to a 1.5% per month late payment charge. Failure to meet payment terms automatically voids the rental agreement contract and all warranties. Failure to meet payment terms automatically voids this contract. At the company’s discretion, rental equipment on delinquent contracts may be removed at renter’s expense by a contractor chosen by Leaphart’s Specialty Air & Power LLC with all cost of removal constituting additional rent.
4. Delivery / Pickup – Leaphart’s Specialty Air & Power LLC shall endeavor to meet scheduled delivery and pickup dates but all such times are estimates only. Leaphart’s Specialty Air & Power LLC shall not be liable for failure to meet such estimates.
5. Partial Pickup Fee – Any circumstance that requires additional deliveries and/or pickups will necessitate an additional fee being billed to Customer. Examples include, but are not limited to, partial call-off of equipment, service calls due to equipment failure not related to Leaphart’s Specialty Air & Power LLC, etc. Such charges will be provided to the Customer at time of request and will be agreed upon before work shall commence.
6. Off Rents – Rental will stop immediately on “Off Rent”. Customer must call, text or email their sales representative to receive an “Off Rent” confirmation from Leaphart’s Specialty Air & Power LLC. Once given, equipment must be immediately available for pickup or it will continue on rent from original date and return delivery charges will apply. Leaphart’s Specialty Air & Power LLC has 72 hours to pick up equipment from time of being called off rent. Equipment is Customer’s responsibility up to that point.
7. Installation and Removal – Unless otherwise specified in the Rental Agreement, all equipment must be unloaded upon delivery and upon termination, reloaded by the Customer. Unloading, rigging, installation, piping, disconnection, and the electrical work are not included in the rental charge and are the sole responsibility of the Customer. If contracted by the Customer, Leaphart’s Specialty Air & Power LLC will unload, rig and otherwise install the equipment for the Customer and at the end of the rental period disconnect, rig, load and otherwise remove equipment from the jobsite for the fee indicated in the Rental Agreement.
8. Start-up Service and Disconnection – If someone other than Leaphart’s Specialty Air & Power LLC provides installation and removal, Leaphart’s Specialty Air & Power LLC must perform start-up services and a disconnection inspection unless otherwise authorized by Leaphart’s Specialty Air & Power LLC. Forty-eight hour start-up notification is required. The Customer shall provide a minimum of one week’s notice to schedule the disconnection inspection. Start-up services and disconnection inspection are one-time charges billed to the Customer in the first rental period as indicated in the Rental Agreement. The company supplied start-up service will be billed at $45/hr travel time, $90/hr straight time and $135/hr overtime, plus out-of-pocket expenses, all if which constitute additional rent.
9. Equipment Repair and Maintenance – Following a successful equipment start-up, the Customer will be responsible to operate the equipment in accordance with the manufacturer’s standard operating procedures, perform routine preventive maintenance (e.g. coil/tube cleaning) and to return it in good working condition, less normal wear.
10. All repairs to rental equipment must be performed by Leaphart’s Specialty Air & Power LLC. All issues covering equipment malfunction shall immediately be reported to Leaphart’s Specialty Air & Power LLC in writing. For rentals over one month duration, the Customer shall allow Leaphart’s Specialty Air & Power LLC to inspect rental equipment each month. Leaphart’s Specialty Air & Power LLCC shall provide emergency repair service. Any repairs or replacements required in Leaphart’s Specialty Air & Power LLC’s judgment to make the equipment operate properly due to a defect in the rental equipment provided by Leaphart’s Specialty Air & Power LLC shall be at Leaphart’s Specialty Air & Power LLC’s expense. Any repairs, replacements and/or unusual cleaning required, during or immediately following the rental, required in Leaphart’s Specialty Air & Power LLC’s judgment to make the unit operate properly due to improper installation by the Customer, abuse, misuse, or unusual wear will be charged to the Customer at the local prevailing time and material rates.
11. Other Services – Leaphart’s Specialty Air & Power LLC will provide other services as specified in the attached proposal for the fee indicated on page 1. Insurance – The Customer will insure all equipment under an all risk insurance policy, including but not limited to, flood, earthquake and windstorm in the Leaphart’s Specialty Air & Power – Quote # 1208 2 / 4 minimum amount of the value of the equipment shown on page 1. Additionally, the Customer shall carry general liability insurance covering the use and operation of the equipment in the minimum amount of $1,000,000 per occurrence. All such policies shall name Leaphart’s Specialty Air & Power LLC as an additional insured and loss payee as its interests may appear. The Customer is responsible for any deductible amounts due. The Customer will provide Leaphart’s Specialty Air & Power LLC with a Certificate of Insurance evidencing the required coverage within fourteen (14) days of the commencement of the rental period. Customer waives and releases Leaphart’s Specialty Air & Power LLC of liability of any kind associated with the rental of the equipment. The Customer may seek the insurance coverage required herein or reimbursement from any third party for damages that may have occurred to Customer or Customer’s property, but Customer shall not seek any damages of any kind against Leaphart’s Specialty Air & Power LLC, including but not limited to, damage to property, persons or environmental liability, etc.
12. Collection Costs – Customer agrees to pay all reasonable collection, attorney’s and court fees and other expenses involved in the collection of the charges or enforcement of Leaphart’s Specialty Air & Power LLC’s rights under this contract.
13. Taxes, Permitting and Licenses – No license, sales or use taxes are included in the periodic rental rate. The Customer shall pay all taxes associated with the rental use of the equipment, as well as all license and permitting fees and costs.
14. Default – The agreement is in default when: a. Any rental charge goes unpaid for a period of ten (10) days after its due date. b. Any other breach of this agreement of this agreement by the Customer goes uncorrected after ten (10) days written notice to Customer. c. Any writ or order of attachment, execution the like against the Customer is levied or any of the equipment and is not released or satisfied within ten (10) days; or d. Immediately when a proceeding in bankruptcy, insolvency or receivership is instituted voluntarily or involuntarily by or against the Customer or the Customer enters any agreement or composition with its creditors or is otherwise unable to pay its debts as they become due.
15. Remedies – in the event of default, Leaphart’s Specialty Air & Power LLC shall have the right to do one of all of the following: a. Declare due, sue for, and receive from the Customer all rents and other amounts payable under the terms of this lease as well as all costs and expenses associated with such proceedings including reasonable attorney fees: b. Disconnect and/or retake possession of any and all equipment with proper notice or other process of law. For such purpose, Leaphart’s Specialty Air & Power LLC may enter upon a premises where the equipment is located and disconnect and/or remove same there from with proper notice without being liable to any suit, action or other proceeding by the Customer: c. Terminate this agreement as to any and all equipment: d. Terminate any other agreement between Leaphart’s Specialty Air & Power LLC and the Customer, and e. Pursue any other remedy at law or in equity.
16. Disclaimer/Liability – Except as provided herein, there are no warranties, express or implied, extended with the lease. Under no circumstances will Leaphart’s Specialty Air & Power LLC be held liable for any consequential, incidental, or special damages of any kind, regardless of the legal theory under which advanced. The Customer is solely responsible for claims, damages or causes of action arising out of or alleged to arise out of the Customer’s negligence or willful misuse of the equipment including but not limited to alteration and modification. The Customer hereby agrees to hold harmless, indemnify and defend Leaphart’s Specialty Air & Power LLC against any and all such claims and actions of every nature. Any liability for property damage, personal injury or death resulting from the failure of any support services/equipment provided by the Customer is the Customer’s responsibility. Leaphart’s Specialty Air & Power LLC shall not be liable for any damaged property of the Customer or any others located on the Customer’s property nor for the loss of/or damage to any property of the Customer or others by theft or otherwise. Leaphart’s Specialty Air & Power LLC should not be liable for any injury or damages to person or property resulting from, but not limited to, chemical or fuel leaks, or equipment failure, or any other cause for service of whatsoever nature. If the Customer discovers a refrigerant leak or inadvertent venting during the rental period, Leaphart’s Specialty Air & Power LLC must be notified immediately. The Customer must also notify any and all local authorities/agencies (e.g. EPA) in accordance with local regulations. In case of loss or theft, the Customer will be responsible for either replacement of the equipment with identical equipment or payment of its full replacement value. In either case rental charges will continue until the equipment is replaced or reimbursement is made in full.
17. Contract Formation – The Customer’s acceptance of the given quotation and these terms and conditions shall constitute the entire rental agreement.
18. Cancellation – A cancellation charge of the greatest of 50% of the first month’s rent or $500 shall be assessed for the cancellation prior to the delivery of all equipment.
19. Governing – The validity, interpretation, and performance of this purchase or rental agreement shall be governed and construed pursuant to laws of the Quote Leaphart’s Specialty Air & Power – Quote # 1208 3 / 4 Quote state of Florida. Any difference, disputes or controversy arising between the parties out of or in relation to or in connection with this rental agreement, or the breach thereof, which cannot otherwise be settled between the parties shall be brought in the Circuit Court in Seminole County, Florida. Each of the parties hereto expressly consents to the jurisdiction of this Court. Judgments may be enforced in any locality. Prevailing party shall be awarded an additional judgment in the amount of reasonable attorney’s fees for both trail and appeal.
20. Notices – All contractual notices of the communication required or permitted to be given hereunder shall be in writing, and if required to be given promptly, shall be given as expeditiously as possible, and in any event, within seven (7) business days and shall be delivered personally, or if by mail, shall be mailed registered or certified mail, return receipt requested, as follows: Leaphart’s Specialty Air & Power LLC, 4447 Parkbreeze Ct., Orlando, FL 32808.