It is with confidence that we extend a program designed to bring you increased
protection. Our LDW Assurance plan can provide practical protection that keeps
you on track and worry free.
| 1. |
CUSTOMER'S GENERAL RESPONSIBILITY
Under the Rental Service Corporation Rental Agreement (Agreement), the Customer
renting the Equipment (as that term is defined in the Rental Agreement) is
responsible to Rental Service Corporation for any loss or damage to the
Equipment and for its return in the same condition in which received, except
for ordinary wear and tear. Such responsibility shall amount to the replacement
or repair cost of the Equipment at the time it is lost or damaged, plus an
administrative fee and Rental Service Corporation related expenses, such as
loss of use, appraisal fees or costs of recovery. In the event that the
Customer is responsible for damage to the Equipment, such Equipment may be
repaired either by Rental Service Corporation or a repairer of Rental Service
Corporation's choosing. The cost of labor for such repairs shall be, at Rental
Service Corporation's election, either Rental Service Corporation's then
prevailing hourly rate for labor as posted at the Rental Service Corporation
location where the Equipment is to be repaired, or the hourly labor rate that
the repair facility charges to Rental Service Corporation. The Customer will be
charged for parts at the prevailing list price established by the manufacturer
or supplier involved or as charged to Rental Service Corporation by the
supplier or repair facility.
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| 2. |
PROOF OF INSURANCE
As a precondition of renting Equipment (other than licensed for road use) from
Rental Service Corporation, Customer must produce evidence of insurance in
accordance with the Rental Agreement, or Customer shall be required to purchase
the LDW Assurance Plan, which is
NOT INSURANCE. The charge for the LDW Assurance
Plan shall be equal to 14 percent of the rental amount.
As a precondition of renting vehicles licensed for road use from Rental Service
Corporation, Customer must produce evidence of insurance in accordance with the
Rental Agreement. In the event the Customer elects to purchase the LDW
Assurance Plan in addition to the Customer's own insurance, then the charge for
the LDW Assurance Plan will be 14 percent of the rental amount.
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| 3. |
WAIVER
If the Customer purchases the LDW Assurance Plan, and if the Equipment is used
in compliance with this plan, then Rental Service Corporation agrees to waive,
to the extent specified herein and in the Rental Agreement, its right to hold
Customer liable for any damages greater than 25 percent of the Equipment's
replacement cost.
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| 4. |
WAIVER EXCEPTIONS
NOT WITHSTANDING THE CUSTOMER'S PAYMENT OF THE LDW ASSURANCE PLAN CHARGE, THE
CUSTOMER WILL BE LIABLE TO RENTAL SERVICE CORPORATION FOR ALL LOSS OF OR DAMAGE
TO THE EQUIPMENT AND RELATED EXPENSES INCURRED BY RENTAL SERVICE CORPORATION,
resulting from any of the following circumstances:
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a. |
The use or operation of the Equipment without Rental Service
Corporation's permission, or in a manner that would constitute a default under
the Rental Agreement.
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b. |
The failure of the Customer to perform or pay for all normal periodic and other
required or recommended service, adjustments and lubrication of the Equipment.
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c. |
Negligent, reckless, or abusive use or operation of, or
intentional damage to the Equipment while the Equipment is under the care or
control of the Customer (e.g., Equipment rollover or upset, striking an
overhead object with the Equipment, altering the Equipment for use in a manner
for which it was not designed, coming in contact with an overhead electric
power line).
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d. |
The use or operation of the Equipment with a load exceeding
the manufacturer's rated capacity, or as a result of improper loading,
unloading, or transportation of the Equipment.
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e. |
All loss or damage associated with vandalism, malicious
mischief, disappearance, theft or conversion of the Equipment, not documented
by the Customer's filing a formal written report with the applicable public
authorities (with an immediate copy to Rental Service Corporation) within 24
hours of the event.
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f. |
Customer's failure to properly secure the Equipment by leaving
the keys in the Equipment and/or by making it available to any unauthorized
and/or untrained operator, or by not reasonably restricting access to the
Equipment.
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g. |
Damage that occurs while Customer uses, allows the use of, or
directs another party to use the Equipment in the commission of a crime.
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h. |
Customer's failure to notify Rental Service Corporation within
24 hours of an accident that has resulted in loss or damage to the Equipment.
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i. |
Customer provides misleading or false information to rent the
Equipment.
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j. |
The Equipment is used by an operator while under the influence
of an intoxicant or other illegal or controlled substance.
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| 5. |
DOWNTIME PROTECTION
If the Customer purchases the LDWA, and the Equipment fails to perform under
normal operating conditions, then Rental Service Corporation will also respond
to the repair call within 4 hours of notice of the failure, or that day’s daily
rental will be credited to Customer.
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a. |
For the Equipment to be eligible, it must be within 30 miles
of the branch where it was originally rented.
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b. |
Operator error, physical damage (tire or other) and routine
maintenance will NOT be covered.
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c. |
Proof of routine maintenance will be required if not completed
by Rental Service Corporation personnel.
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d. |
Calculation of "Downtime" will begin when customer
makes a request for repair on the rented item between 9 a.m. to 5 p.m., Monday
through Friday only.
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e. |
Downtime will be calculated based on a pro-rated 160-hour
monthly rate. Repairs over 1 calendar day will be based on hours between 9 a.m.
to 5 p.m., Monday through Friday only.
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f. |
Rental Service Corporation reserves the right to replace
equipment with a similar make or model, any equipment that can not be repaired
in a timely manner.
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| 6. |
NO PENALTY RETURNS*
If the Customer purchases the LDWA, then Customer will also be allowed to
return the Equipment to any Rental Service Corporation Branch in the country in
which it was rented. Equipment pick-ups by Rental Service Corporation are not
subject to this. Only Equipment that is returned to any Rental Service
Corporation location by the customer qualifies.
*All trucks and trailers do NOT qualify for the No Penalty Return offering, as
it is intended for off-road construction equipment rentals.
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| 7. |
SUBROGATION
If Customer purchases the LDW Assurance Plan, then Rental Service Corporation
will be subrogated to any right of the Customer to recover against any person,
firm or corporation. Customer will execute and deliver any instruments and
papers that are required and do whatever else is necessary to secure such
rights. Customer will cooperate fully with Rental Service Corporation and/or
its insurer(s) in the prosecution of those rights and will neither take nor
permit any action to prejudice Rental Service Corporation's rights with respect
thereto.
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