Item 17 - Purchase Order Equipment Rentals and Related Products and Services

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rental rates in combination with the rental period. This calculation will always be billed at the most advantageous rate available to the customer. Ex. If the rental period is 4 days and the daily rental rate is $100 and the weekly rental rate is $250, the customer will be charged the weekly rate of $250 instead of $400 (4 days x $100 per day) because it is the lower of the two amounts. This same logic will work for any combination of rates within a 4-week period as the 4-week rental rate will be the most the customer will be charged for that equipment, using single shift rates. Additionally, a shift rate schedule shall apply for all hour metered machines and shall affect the rental rates accordingly. 5. PERMITTED & PROHIBITED USE: Participating Public Agency agrees that Supplier has no control over the manner in which the Equipment is operated during the Rental Period by Participating Public Agency or any third party that Participating Public Agency implicitly or explicitly permits. Participating Public Agency warrants that: (a) prior to each use, Participating Public Agency has or will inspect the Equipment to confirm that it is in good condition, without defects, includes readable decals and operating and safety instructions and is suitable for Participating Public Agency’s intended use; (b) any apparent agent at the Site Address is authorized to accept delivery of the Equipment (and if Participating Public Agency requests the applicable waiver, Participating Public Agency authorizes Supplier to leave the Equipment at the Site Address without requirement of written receipt); (c) Participating Public Agency shall immediately notify Supplier if the Equipment is lost, damaged, stolen, unsafe, disabled, malfunctioning, levied upon, threatened with seizure, or if any Incident occurs; (d) Participating Public Agency has received from Supplier all information needed or requested regarding the operation of the Equipment; (e) Supplier is not responsible for providing operator or other training unless Participating Public Agency specifically requests in writing and Supplier agrees to provide such training which may be at an additional fee (Participating Public Agency being responsible to obtain all training that Participating Public Agency desires prior to the Equipment’s use); (f) only authorized individuals shall use and operate the Equipment (“authorized individuals” being those who are properly trained to use the Equipment and who are not under the influence of drugs or alcohol or otherwise impaired); (g) the Equipment’s use shall be in a careful manner, in compliance with all operational and safety instructions provided on, in or with the Equipment and all Federal, State and local laws, permits and licenses, including but not limited to, OSHA, as revised; and (h) the Equipment shall be kept in a secure location. Participating Public Agency shall not (a) alter or cover up any decals or insignia on the Equipment or remove any operational or safety instructions; (b) assign its rights under this Agreement; (c) move the Equipment from the Site Address without Supplier’s written consent; or (d) use the Equipment in a negligent, illegal, unauthorized or abusive manner, or in any publication (print, audiovisual or electronic) nor allow the use of the Equipment by any unauthorized individual (Participating Public Agency acknowledging that the Equipment may be dangerous if used improperly or by untrained parties). 6. MAINTENANCE. Participating Public Agency shall perform routine maintenance on the Equipment, including maintenance of fuel and oil levels, and routine visual inspections of grease, filters, cooling system, water, batteries, cutting edges, and cleaning in accordance with the manufacturer’s specifications. Participating Public Agency shall submit a request for a service call a) if upon visual inspection a need for service is required, or b) any other maintenance or repairs are required. Such service may only be performed by Supplier. Supplier has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless Participating Public Agency requests a service call. If Supplier determines that repairs to the Equipment are required, other than resulting from Ordinary Wear and Tear, Participating Public Agency shall pay the full cost of repairs and rental of the Equipment until the repairs are completed.