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

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7. NO WARRANTIES. Notwithstanding anything contained in the Agreement to the contrary, Supplier provides rental equipment that is neither sold nor integrated into the work, therefore there is no warranty, expressed or implied, as to the rental equipment or to its capabilities, and no warranty of merchantability, other than those detailed in the manufacturer’s specifications. 8. RELEASE AND INDEMNIFICATION. Participating Public Agency has care, custody, and control of the Work at all times Supplier does not; therefore, Supplier is not responsible for any third- party claims including any and all Claims to the proportionate extent arising from Participating Public Agency’s or any of its Suppliers, suppliers, officers, agents, or employees negligent acts or omissions in the performance of this Agreement. There shall be no right or authority for any claims to be arbitrated or tried on a class action basis. Neither party shall have any liability in regard to consequential, exemplary, special, incidental or punitive damages, even if it has been advised of the possibility of such damages. 9. FEES: For Equipment that uses fuel, Participating Public Agency has two options: (a) Pay on Return Option - if Participating Public Agency returns Equipment with less fuel than when received, Participating Public Agency shall pay a refueling charge (calculated by multiplying gallons required to refill tank with fuel to level when received, by the Pay on Return per gallon rate); and (b) Return Full Option – if Participating Public Agency returns the Equipment with at least as much fuel as when it was received (most Supplier Equipment comes with a full tank of fuel, but not all), no fuel charge will be assessed. The cost of Participating Public Agency refueling Equipment itself will generally be lower than the Prepay Fuel Option or the Pay on Return Option; however, these options each allow for the convenience of not refueling. The rental rates forthe Equipment's are for "one shift," being not more than 8 hours per day and 40 hours per week unless otherwise noted. Weekly and 4-week rental rates shall not be prorated. Shift Rates apply to all generators and certain other equipment with hour meters. During a Declared State of Emergency, or a pending or existing disaster or catastrophe, natural (i.e. hurricane, tornado, flood, etc.) all diesel generators and pumps rented will be billed based on a one week minimum Rental Period at triple shift rates. This one week minimum rental at triple shift rates will not affect Equipment then on rent to Participating Public Agency. To promote a clean and sustainable environment, Supplier takes various measures to comply with federal and state environmental regulations, as well as with Supplier's own policies. Supplier also incurs a wide range of environmental related expenses (both direct and indirect). These expenses may include waste disposal, construction maintenance of cleaning facilities, acquisition of more fuel- efficient equipment, labor costs, administration costs, etc. To help defray these and other costs, Supplier charges an environmental fee in connection with certain rentals. The fee is not a tax or governmentally mandated charge. It is not designated for any particular use or placed in an escrow account. Rather, it is a fee that Supplier collects as revenue and uses at its discretion. RENTAL PROTECTION PLAN (“RPP”). Upon execution of Supplier’s Rental Out ticket, Participating Public Agency may choose to either reject or participate in Supplier’s RPP program as detailed https://www.sunbeltrentals.com/customerservice/rpp/. 10. RETURN OF EQUIPMENT: Participating Public Agency must contact Supplier to request pickup of Equipment, retain the Pick Up Number given by Supplier and will be responsible for Equipment until actually retrieved by Supplier.