The Provider: US Hazmat Rentals, LLC, hereafter as “US Hazmat Rentals” or “Provider”.
The Customer: Hereinafter referred to as the “Customer” is understood to be renter, purchaser, company, party, end-user, receiver of goods, and the customer of contracted goods and services as identified in an authorized and approved purchase order from the “Provider”, US Hazmat Rentals.
Rent: Hereinafter “Rental Rate” are all monies due from Customer for Equipment rental fees as defined in Section 2. Rental Rate herein.
Welcome to US Hazmat Rentals. These terms and conditions outline the rules and regulations for the use of US Hazmat Rental’s Website, located at www.ushazmatrentals.com.
With the use of this website we assume you accept all terms and conditions. Do not continue to use US Hazmat Rentals if you do not agree to take all of the terms and conditions stated on this page.
All terms refer to the offer, acceptance and consideration of a US Hazmat Rentals purchase contact and payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner for the express purpose of meeting the Customer’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States.
We employ the use of cookies. By accessing US Hazmat Rentals, you agreed to use cookies in agreement with the US Hazmat Rental’s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each site visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website to use and interact with our content. Some of our affiliate/advertising partners may also use cookies to improve a relevant user experience.
Unless otherwise stated, US Hazmat Rentals and/or its licensors own the intellectual property rights for all material on US Hazmat Rentals. All intellectual property rights are reserved. You may access this from US Hazmat Rentals for your own personal use subjected to restrictions set in these terms and conditions.
You may:
You must not:
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. US Hazmat Rentals does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of US Hazmat Rentals, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, US Hazmat Rentals shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
US Hazmat Rentals reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You hereby grant US Hazmat Rentals a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
The following organizations may link to our Website without prior written approval:
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of US Hazmat Rentals; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to US Hazmat Rentals. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Please allow up to 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
No use of US Hazmat Rental’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
With approved credit, fifty percent (50%) of the total contract price (excluding shipping and handling) will be required to complete a Purchase Order (PO) Agreement. In addition, authorized approval of the Customer’s General Authorization Drawing (GA) of the building to be constructed is required prior to manufacturing. The Customer’s manufacturing turnaround period will not begin until all order requirements are met including the authorized PO, authorized GA, and the total deposit (per the payment terms of the Customer’s PO) has been received. The Customer’s remaining balance is due in-full including all delivery and taxes due Net 30 days (pending credit approval or as otherwise defined in Customer’s PO) from the date of shipment from our factory.
Pricing for product or services is subject to change at any time without notice. A contract for order is not complete until 1.) an authorized purchase order has been signed and dated, and 2.) the agreed upon deposit has been paid in full per the terms of the Customer’s purchase contract for product and services by US Hazmat Rentals.
An official price quote for goods and services from US Hazmat Rentals shall remain valid for a period of sixty (60) days from the date of quote unless otherwise retracted by US Hazmat Rentals in written notification Customer prior to the execution and acceptance of such contract by the Customer. Any price quote may be adjusted to current pricing at the time of shipment for any purchase order which surpasses over one hundred (100) days from the date of order.
Truthful, accurate, and verifiable legal identification is required from all Customers and those who represent Customer in a legally binding agreement. Any such legal identification shall be provided by authorized personnel only. Simply having possession of any US Hazmat Rentals product specifications, information, collateral material, product or service quote, product models, or by having any engineered drawings, or other such information, in no way constitutes the right to purchase from US Hazmat Rentals.
North Carolina Sales Taxes are collected from Customer by US Hazmat Rentals for any Customer based in the state including all eligible transactions, unless otherwise expressly stated in contractual agreement. It is the sole responsibility of the Customer to specify any tax exemptions for product or services during the contractual quoting process and before such Purchase Order is made final. US Hazmat Rentals does not collect sales tax in any state outside of North Carolina on behalf of the Customer, and it is solely the Customer’s responsibility to ensure all tax liabilities are met to the Customer’s state and/or local municipalities where applicable. If in any way US Hazmat Rentals, our suppliers, or our contractors are burdened with taxes for Customer’s purchase order or any such delivered goods and services, the Customer agrees to pay or remit to US Hazmat Rentals any such taxation.
Any credit balance that has been issued to a Customer will be applied within twelve months from the date of origination. If the credit balance has not been applied or requested within a twelve month period, the Customer’s credit balance may be cancelled and US Hazmat Rentals shall have no further liability.
Shipping and handling, and factory pick up and delivery dates are the liability of the Customer and all quoted fees are approximated. All shipping and delivery dates are generated based on the timely response and the assumption the Customer will deliver all required information, progress approval, contract authorization, and shipment coordination approval as necessary throughout the approval, manufacturing, and shipment process. Quoted freight fees are only an estimate, actual freight charges at the time of delivery will be added to the Customer’s final invoice for payment. The Customer’s warranty coverage period shall commence on the date of shipment from our factory for delivery. US Hazmat Rentals shall retain the right to expedite shipment prior to the estimated ship date unless otherwise stated in an authorized and approved purchase order.
Any and all third-party fees are responsibility of the Customer, including but not limited to: in-transit tolls, escort services, docking/destination fees, specified carrier fees, freight insurance, offloading, or other applicable fees. Freight and shipment content immediately become the ownership and liability of the Customer upon pick up by the carrier. Customer may arrange to pick up and freight the shipment with private transportation if pre-approved in the purchase agreement contract prior to shipment. A full route to the delivery site must be free and clear of any obstacles including space ample for off-loading the unit and turning around delivery vehicles. Any additional charges required to overcome any obstacles in-route or at the intended delivery site shall be added to the final invoice.
US Hazmat Rentals may provide select installation services limited to services specified in the approved purchase order prior to delivery. Installation shall require complete disclosure of installation area plans, placement specifications, foundation detail, and installation services to be performed by US Hazmat Rentals including those to be provided by the Customer or approved contractor to be provided by the Customer. Any services requested on-site outside of those approved on the existing purchase order shall require authorization and approval by US Hazmat Rentals prior to complete such work and all costs associated with such work shall be paid by the Customer. Resolution to any impediment of service, additional material needs, labor, travel, or room and board expenses necessary to complete contracted installation shall be paid by the Customer
Quality control and performance testing shall have taken place for components prior to shipment. US Hazmat Rentals shall have tested electrical accessories and shall ensure each accessory is in working order and installed to the specification as defined by the Customer’s approved general drawing and purchase order contract.
The Customer’s storage unit will be disarmed and component systems disabled in preparation for transportation. Electrical connection to the unit’s load center and the storage unit’s fire suppression system shall required activation on-site after delivery. Only activate the unit once it is placed in its designated location for proper use and storage of your hazardous material. Any systems that require on-site setup shall be performed by a qualified local contractor and is not the responsibility of US Hazmat Rentals.
Product and service designed and built by US Hazmat Rentals is for chemical storage, safety storage, and life safety structures. The Customer is responsible for any and all on-site preparations, foundations, and any installation site where our product is to be deployed, installed, used, or maintained. In no way shall US Hazmat Rentals be held liable for improper foundation size, inaccessibility of an installation location, or otherwise unfit foundation or installation site. The Customer should consult a qualified professional contractor to ensure their foundation meets the needs, weight, compliance, and any applicable building code for use of any deliverable purchased from US Hazmat Rentals.
If the Customer suspects any defect in craftsmanship, part, accessory, missing element, or malfunctioning component on their prefabricated structure from the original equipment manufacturing produced from the Customer’s purchase order, the Customer shall have up to ten (10) days from the delivery date of their order to notify US Hazmat Rentals.
If at any point after the building has been picked up by the freighting carrier or if in-transit damages occur, US Hazmat Rentals must be notified immediately and written notice of damage must be recorded on the Bill of Lading. Report any damage in-transit, freight, or shipping immediately. A full inspection report generated by the carrier must be filed immediately. If at all possible document damage by photo and/or video prior to unloading the building.
Customer should take photos and video at delivery that document and detail the delivery, the vehicle load, and any damage to the unit prior to unloading if at all possible. Additional images, video, detailed photography, and manage inspection documentation may also be prepared once the unit is unloaded. The Customer shall maintain the current state of the building at delivery along with any packaging materials supplied with your building for shipment until further guidance is provided by US Hazmat Rentals.
The Customer is solely responsible to ensure their storage solution meets or exceeds all compliance standards for Federal, State, or Local Authority having jurisdiction based upon content to be stored, how material shall be handled, the placement of their storage solutions, and the Customer’s work-flow process procedures. With complexity of regulation and local variability that can differ with every facility and storage need, US Hazmat Rentals cannot guarantee that our storage solutions meet every applicable scenario. Each Customer must ensure their storage needs, handling procedures, and safety protocols are in compliance with any and all applicable regulation, standards, and codes. It is the Customer’s responsibility to ensure their safety, handling, and maintenance protocols align with all Federal, State, and Local Authorities having jurisdiction–as they may apply to the installation site, placement of the unit, setup or activation, access, usage of the storage, and the specification of the storage unit as constructed.
If a legal dispute arises in regard to any business transaction between US Hazmat Rentals and the Customer, such action must take place within twelve months from the cause of action. Only provisions of the Uniform Commercial Code as adopted by the State of North Carolina in the United States of America shall apply to International transactions, and NOT the United Nations Convention of Contracts. US Hazmat Rentals terms and conditions shall be rendered, interpreted and acted upon explicitly in accordance with the laws, excluding any such conflict with the rule of law in the State of North Carolina.
US Hazmat Rentals shall not be held responsible for the use or application of contracted product or services and held harmless for any damage, expenses, claims, costs, delay, or demands, in contract, in tort, or in any way. Such limitations include the use of Hazardous Chemical or Material of any kind including the handling, application of, processing, placement and proximity, transport, or storage of such material described in the Code of Federal Regulations 29CFR, 40CFR, and 49CFR. Any litigation, investigation or other costs as result of these actions or the settlement of any such claim or demand resulting from or including sickness, death, disease, bodily harm, damaged product, delay, facilities, equipment, or propriety. Or shall US Hazmat Rentals be held responsible for any license or permit for the product or services, use, application, proximity and placement, installation, safety, protocols, or the research or identification of any such regulation that may apply to a Customer’s use of contracted product or service. As such it is made clear it is the sole responsibility for the Customer for such actions, permitting, licenses, and compliance ensuring they meet full compliance, procedures, and safety standards with all Federal, State, and Local Authorities having jurisdiction.
The Customer’s acceptance of any authorized quote or offer for goods or services from US Hazmat Rentals shall be limited to and bound by acceptance of the Terms and Conditions provided in such final quote. US Hazmat Rentals acceptance of any purchase order is subject to Customer’s consent to any and all terms and conditions, and this Manufacturer’s Warranty as stipulated in its entirety herein.
Any Request for Change of Terms or addition of conditions of the quote, including any action of the Customer to alter such terms in any way from original acceptance, shall not be intended or construed as a rejection of the offer to sell. Any alteration of the purchase terms or conditions at the request of the Customer must be formally made in writing to and also approved by US Hazmat Rentals before the start of manufacturing or action for service has been taken as contracted in the originating purchase order takes place. Acceptance of the purchase order is final, and the quote for goods or services shall not be amended by the Customer.
With any agreement to purchase goods and services from US Hazmat Rentals, it is understood that the Customer has read, fully understands, and accepts any and all Terms and Conditions of the offer. It is also understood that the Customer accepts all goods and services to be rendered as prescribed by the purchase order included any and all applicable costs and associated fees.
Any Terms or Conditions contrary to such are expressly rejected and no change, alteration, or alternative interpretation shall be binding upon US Hazmat Rentals unless formally approved through an aforementioned Request for Change of Terms.
US Hazmat Rentals shall retain all rights to cancel any quote or purchase order contract at any time by written notice to the Customer. The contract for quote or purchase order may be canceled for any material breach of contract by Customer, if the Customer becomes insolvent or bankrupt, or if a third-party recipient of goods or services contracted refuses delivery which shall also constitute a breach of contract. Cancellation of an authorized purchase order by the Customer prior to delivery or provision of service shall constitute a breach of contract and Customer shall be liable for any and all costs accrued by US Hazmat Rentals in performance of such purchase order.
All costs shall be compiled at the sole discretion of US Hazmat Rentals and shall include but are not limited to any cost of Work-In-Progress, cost of parts or component acquisition having already taken place, in-house or third-party engineering fees, in-house or third-party inspection, regulatory, and compliance consultation, cost of approval for state or local authorities having jurisdiction, project-related expenses, overhead, and profit. Costs shall be documented and supplied to the Customer for payment-in-full due upon receipt.
A notice of cancellation must be made in writing to US Hazmat Rentals at minimum 30 days prior to scheduled date of shipment. Any such Work-In-Progress shall cease as quickly as reasonably possible upon the receipt of such notice and the Customer agrees to pay US Hazmat Rentals the contract price for any and all work completed as so determined by US Hazmat Rentals. If Customer chooses to cancel contract less than 30 days prior to scheduled date of shipment, all costs plus an added 18% surcharge will be applied for disrupted operation, services, and loss of manufacturing capacity.
Any action of resolution of conflict by either US Hazmat Rentals, any affiliates, assignees, or representatives, for nonpayment of the final purchase order on time and in full by the Customer for contacted goods or services, and/or for the reimbursement of any associated costs accrued including but not limited to any applicable surcharges, cost of pursuit, or litigation fees that may apply, to remedy any such breach of contract or applicable Terms and Conditions. Such actions may be brought before a court in the State of North Carolina, Watauga County, and in the city of Boone, NC. Our purchase order contract shall supersede any other document from purchasing and is the final agreement as it stands. Only after payment for the final purchase agreement is received in-full including any overages or required and approved change-orders are also paid in-full, US Hazmat Rentals shall hold a financial stake in the deliverable goods and shall reserve the right to file Uniform Commercial Code (UCC) in such designated jurisdiction.
If Customer chooses to freight the product outside of a carrier contracted by US Hazmat Rentals, Customer shall pick up and take delivery of their product within ten (10) working days of notification of completion if not sooner. If for any reason such pick up cannot be coordinated with this timeframe, the Customer shall have the option to a.) pay off the purchase contract in full and we will hold the goods for up to thirty (30) days at no additional cost to the Customer. If storage exceeds 15 day pick up period, a storage rate (b) shall apply, b.) Customer shall be assessed an inventory management and product storage fee that shall accrue at $1000 per month to be prorated daily for any storage period beyond the Customer’s 15 day pick up window. If any terms of payment expire during storage, Customer shall also fulfill all payment obligations in accordance with original purchase order terms of contract, or c.) Customer shall have arranged and have approved other arrangements for delivery in written agreement and mutually executed terms approved by both US Hazmat Rentals and the Customer prior to the expiration of the Customer’s pick up window.
US Hazmat Rentals or its affiliates, contractors or suppliers shall be held liable for any delay, compliance, or performance of contracted goods or services in whole or in part due to any acts of God, pandemic, severe weather, government decree or control, disruption of labor, terrorism, protest, insurrection, risk of war, shortages, or due to delivery, procurement, shipment, permitting or licensing of supplies or raw material, or any other such cause, action, or inaction beyond the control of US Hazmat Rentals and any of its affiliates, contractors, and suppliers required in performance and completion of the Customer’s purchase order.
US Hazmat Rentals has made clear all Terms and Conditions of quote, purchase, payment, manufacturing, and delivery. All Terms and Conditions including any such terms of use, terms of purchase, terms of quote, terms of payment, and other conditions as set forth herein are provided in full disclosure for reference and the Customer’s acceptance. These Terms and Conditions constitute an exclusive, complete, and binding agreement between US Hazmat Rentals including its affiliates, contractors, and suppliers, and the Customer.
Our Privacy Policy
At US Hazmat Rentals, accessible from www.ushazmatstorage.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by US Hazmat Rentals and how we use it.
If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.
US Hazmat Rentals follows standard web development procedure of using log files. These files log visitor interaction with site content when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable unless such information is provided to US Hazmat Rentals by the visitor. The purpose of the information is for analyzing site use trends, improving content quality, administering the site, tracking movement across the website, and gathering demographic information to improve user experience on our website.
Like any other website, US Hazmat Rentals uses ‘cookies’. These are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
For more general information on cookies, please read the “What Are Cookies” article on Cookie Consent website.
Some of advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to their Privacy Policies below.
You may consult this list to find the Privacy Policy for each of the advertising partners of US Hazmat Rentals.
Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on US Hazmat Rentals, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.
Note that US Hazmat Rentals has no access to or control over these cookies that are used by third-party advertisers.
US Hazmat Rental’s Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites. What Are Cookies?
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
US Hazmat Rentals does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in US Hazmat Rentals. This policy is not applicable to any information collected offline or via channels other than this website.
By using our website, you hereby consent to our Privacy Policy and agree to all Terms and Conditions.
All contractual agreements and terms of service with US Hazmat Rentals will be governed by the laws of the State of North Carolina. Purchase order contracts are not accepted until US Hazmat Rentals (Provider) has reviewed the contract, verified all product and service specifications, turnarounds, delivery details, and has verified such acceptance in the State of North Carolina, County of Watauga, and in the City of Boone. Customer’s execution of this Contract or taking possession of Provider’s Equipment shall be deemed acceptance of all terms and conditions herein. All of the terms herein are incorporated into this and all past and future contracts between Provider and Customer upon Customer’s receipt of Provider’s Equipment under those contracts. Any reference in Customer’s purchase order or other Customer document to other terms that shall control this transaction shall be void. Customer rents the Equipment from Provider pursuant to this Contract. This Contract is a true lease. The Equipment (a) is and shall remain the personal property of Provider and (b) shall not be permanently affixed to any other property.
Total fees specified in this Contract and Rental Agreement are: [a] estimated based upon Customer’s expectation of the total Rental Term as defined herein (the active rental rate beyond initial Rental Term may be subject to change) and other specifications provided by Customer to US Hazmat Rentals (Provider); and [b] for the Equipment’s use for such specified Rental Term, unless otherwise authorized and noted. Total fees include both freight costs out to Customer’s intended destination and return freight back to Provider at the end of such Rental Term. Rental charges accrue monthly and are due on the 1st day of each month. Prorated fees may be calculated pending initial shipment date from Provider’s location, and based on the date of delivery back to Provider’s active inventory. The rental rates do not include any fees Customer is responsible for including but not limited to: (i) unloading, offloading, onsite preparation, installation, hookups, or use; (ii) all consumables, fees, licenses, present and future taxes and any other governmental charges based on Customer’s possession and/or use of the Equipment, including additional fees for extended Rental Term past the initial Rental Term; (iii) delivery and pickup charges to and from Provider, including but not limited to any freight, transportation, delivery, pickup and surcharge fees listed in this Contract; (iv) any and all repairs and replacements required to the Equipment if not returned in original condition as documented upon originating delivery to Customer; (iv) any Hazardous Material cleanup or disposal fee, or other cleaning fee if required; (v) miscellaneous charges, such as fees for lost keys or accessories; (vi) any paint repair due to use, , spill, splatter, or other damage to interior or exterior coatings during the Rental Term; (viii) any Fine, Spill, Cleanup, or other Environmental Fee Customer incurs due to any use (proper or improper) of Provider’s equipment. Provider shall collect any fees as revenue and will use them at its sole discretion. Provider shall remain responsible for all components and operation of provided equipment, any maintenance fees, repair or replacement as necessary (at Provider’s sole discretion) to ensure working order throughout Rental Term as specified herein.
Customer shall pay in full Rental Rate and all totals due prior to shipping, without any offsets, in-full at the time of rental, unless Provider approves Customer’s credit. With credit approved Customers shall pay Initial Total in full prior to shipping. This Initial Total shall include transportation and delivery fees to Customer’s Job Site along with first full Month’s rent due in full prior to shipment, additional dues for prorated dates prior to first full month may apply. Recurring monthly rent is due on the 1st of each month thereafter, and return transportation and delivery back to Provider is due at end of Rental Term.
At Provider’s discretion, any credit account with a delinquent balance due may be placed on a cash basis anytime upon written notice, deposits may be required and the Equipment may be picked up without notice. Customer agrees that a service charge equal to the lesser of 1.5% per month or the maximum rate permitted by law shall be assessed on all delinquent accounts, until total balance due is paid in full. Customer also agrees to pay a fee of $75 for each check returned for lack of sufficient funds to compensate Provider for its overhead for processing the missed payment. Any security deposit will only be returned after all amounts are paid in full if applicable. Customer agrees that if a credit card is presented to pay for charges or to guarantee payment, Customer authorizes Provider to charge the credit card all amounts shown on this Contract and for any charges subsequently incurred by Customer, including but not limited to, loss, damage, repair, or replacement of the Equipment and extension of the Rental Term.
Pricing for product or services is subject to change at any time without notice. A contract for order is not complete until 1.) an authorized purchase order has been signed and dated, and 2.) the agreed upon deposit and all initial delivery fees have been paid in full per the terms of the Customer’s Rental Agreement contract with US Hazmat Rentals. An official rental quote shall remain valid for a period of sixty (60) days from the date of quote unless otherwise retracted by US Hazmat Rentals in written notification to Customer prior to the execution and acceptance of such contract by the Customer. Any price quote may be adjusted to current pricing at the time of shipment for any purchase order which surpasses over ninety (90) days from the date of order.
Truthful, accurate, and verifiable legal identification is required from all Customers and those who represent Customer in a legally binding agreement. Any such legal identification shall be provided by authorized personnel only. Simply having possession of any US Hazmat Rentals product specifications, information, collateral material, product or service quote, product models, or by having any engineered drawings, or other such information, in no way constitutes a Customer’s right to rent or possess equipment from US Hazmat Rentals.
The scope of this Rental Agreement does not account for on-site preparations or Customer’s operation. Customer is responsible for all transportation costs (to and return from Customer), site preparations, offloading, on-loading, installation, positioning of the storage unit, anchoring, hookups, connections, electrical connections, enabling & disabling fire suppression system, site planning or permitting (building, compliance, environmental, or safety) as may apply, return freight, and on-loading the storage unit when due to return. All buildings will be accompanied with photographs of deliverable condition of the storage unit. Customer shall send Provider Exterior and Interior Photos of each side (front, back, left, right and floor) prior to loading for return, and Provider shall provide photos of returned unit after transport to document any excessive use or damages that have occurred during Customer’s Rental Term. Provider shall be responsible for off-loading the returned unit when received back at Provider’s distribution facility at Rental Term end. Charges shall apply for any damages, spill cleanup, hazard mitigation, waste removal, fire suppression discharge, if interior/exterior painting is required, or for replacement in the event the unit is damaged beyond repair.
Customer shall document condition of Equipment with both interior and exterior photos of all sides (front, back, left, right) prior to loading for Return Shipment. Customer shall document any damage caused during on-loading for shipment. All documentation shall be supplied to US Hazmat Rentals (Provider) with Customer’s Return Equipment Authorization (REA) Number to protect Customer allowing Customer to protect Customer and hold Logistics Contractor liable for any damage that occurs during transport. Customer holds full responsibility for condition of Equipment until it is delivered back to Provider’s inventory. At the end of the Rental Term, Equipment shall be returned to Provider in the same condition it was received, less Normal Wear and Tear and free of any trash, debris, hazardous materials or other contaminants. Customer will remain responsible for rental, repair, and other charges after the Rental Term if the Equipment is not returned in the condition required herein. Customer shall coordinate with and notify Provider that the Customer and the Equipment is ready to schedule a Pick-Up. Customer shall request a Return Equipment Authorization (REA) Number, Customer should keep this number as proof of return request; provided Customer remains liable for any loss, theft, damage to or destruction of Equipment until Provider receives Equipment in the condition required herein. Customer will not be charged the rental charges after the date of Pick-Up arrives back to Provider. No Pick-Ups occur on Sundays or statutory Holidays and Saturday Pick-Ups are dependent on specific transportation regular operation schedules. If Customer picked up Equipment, after an REA No. is approved, Customer shall return Equipment to the originating Pick-Up address during regular business hours unless otherwise specified by Provider. If the Equipment is not returned by the estimated end of the Rental Term specified, Customer agrees to issue a new Purchase Order (PO) to renew and extend Rental Term to their need, and agrees to pay any and all applicable Rental Rates for the Equipment each month until returned to Provider.
North Carolina Sales Taxes are collected from Customer by US Hazmat Rentals for any Customer based in the state including all eligible transactions, unless otherwise expressly stated in contractual agreement. It is the sole responsibility of the Customer to specify any tax exemptions for product or services during the contractual quoting process and before such Purchase Order is made final. US Hazmat Rentals does not collect sales tax in any state outside of North Carolina on behalf of the Customer, and it is solely the Customer’s responsibility to ensure all tax liabilities are met to the Customer’s state and/or local municipalities where applicable. If in any way US Hazmat Rentals, our suppliers, or our contractors are burdened with taxes for Customer’s purchase order or any such delivered goods and services, the Customer agrees to pay or remit to US Hazmat Rentals any such taxation.
Any credit that has been issued to a Customer will be applied within twelve months from the date of origination. If the credit balance has not been applied or requested within a twelve month period, the Customer’s credit balance may be cancelled and US Hazmat Rentals shall have no further liability.
Shipping and handling, and factory Pick-Up and delivery dates are the liability of the Customer and all fees are required prior to shipment as defined by Initial Total in section 3. All shipping and delivery dates are generated based on the timely response and the assumption Customer will deliver all required information, purchase orders, contract authorizations, and shipment coordination approval as necessary to complete scheduling and shipment procedures. Any and all third-party fees are responsibility of the Customer, including but not limited to: in-transit tolls, escort services, docking/destination fees, specified carrier fees, freight insurance, off-loading/on-loading, or other applicable fees.
Freight and shipment contents immediately become the liability of the Customer upon Pick-Up by the carrier. Customer may arrange to Pick-Up and freight the shipment with private transportation if pre-approved in the purchase agreement contract prior to shipment. A full route to the delivery site must be free and clear of any obstacles including space ample for off-loading the unit and turning around delivery vehicles. Any additional charges required to overcome any obstacles in-route or at the intended delivery site shall be added to the final invoice.
US Hazmat Rentals may provide select installation services limited to services specified in the approved purchase order prior to delivery. Installation shall require complete disclosure of installation area plans, placement specifications, foundation detail, and installation services to be performed by US Hazmat Rentals including those to be provided by the Customer or approved contractor to be provided by the Customer. Any services requested on-site outside of those approved on the existing purchase order shall require authorization and approval by US Hazmat Rentals prior to complete such work and all costs associated with such work shall be paid by the Customer. Resolution to any impediment of service, additional material needs, labor, travel, or room and board expenses necessary to complete contracted installation shall be paid by the Customer.
Quality control and performance testing shall have taken place for the equipment and components prior to shipment. US Hazmat Rentals shall have tested electrical accessories and shall ensure each accessory is in working order prior to shipping to Customer’s destination. Originating condition of the equipment shall be documented by Provider at the time of shipment to Customer.
The Customer’s storage unit will be disarmed and all accessory and component systems disabled in preparation for transportation. Electrical connection to a powered unit’s load center and the storage unit’s fire suppression system (if equipped) shall required activation on-site after delivery. Only activate the unit once it is placed in its designated location for proper use and storage of your hazardous material. Any systems that require on-site setup shall be performed by a qualified local contractor and is not the responsibility of US Hazmat Rentals (Provider).
Product and equipment from US Hazmat Rentals (Provider) is for chemical storage, safety storage, and life safety protection. The Customer is responsible for any and all on-site preparations, foundations, and any installation site where the Provider’s equipment is to be deployed, installed, used, or maintained. In no way shall US Hazmat Rentals be held liable for improper foundation size, inaccessibility of an installation location, or otherwise unfit use, foundation or other installation site discrepancy. The Customer should consult a qualified professional contractor to ensure their foundation meets the needs, weight, compliance, and any applicable building code for use of any deliverable contracted with US Hazmat Rentals.
Product and equipment shall be delivered to Customer as specified by US Hazmat Rentals (Provider). In the event customer needs to modify, alter, or customize the structure, component, accessory, or other element of Provider’s Equipment, Customer shall contact Provider for modification approval prior to making any such change. Customer shall be responsible for cost to repair any modification of Equipment without Provider’s written consent.
If the Customer suspects any defect in craftsmanship, part, accessory, missing element, or malfunctioning component during their Rental Term, the Customer shall notify US Hazmat Rentals (Provider) immediately. If at any point after the building has been picked up by the freighting carrier or if in-transit damages occur, US Hazmat Rentals must be notified immediately and written notice of any damage must be recorded on the Bill of Lading. Report any damage in-transit, freight, or shipping immediately. A full inspection report generated by the carrier must be filed immediately. If at all possible document damage by photo and/or video prior to unloading the building or refuse shipment if Equipment is damaged beyond proper use.
Customer should take photos and video at delivery that document and detail the delivery, the vehicle load, and any damage to the unit prior to unloading if at all possible. Additional images, video, detailed photography, and manage inspection documentation may also be prepared once the unit is unloaded. The Customer shall maintain the current state of the building at delivery along with any packaging materials supplied with your building for shipment until further guidance is provided by US Hazmat Rentals.
The Customer is solely responsible to ensure their storage solution meets or exceeds all compliance standards for Federal, State, or Local Authority having jurisdiction based upon content to be stored, how material shall be handled, the placement of their storage solutions, and the Customer’s work-flow process procedures. With complexity of regulation and local variability that can differ with every facility and storage need, US Hazmat Rentals cannot guarantee that any Equipment meets every applicable scenario. Each Customer must ensure their storage needs, handling procedures, and safety protocols are in compliance with any and all applicable regulation, standards, safety, and codes. It is the Customer’s responsibility to ensure their safety, handling, and maintenance protocols align with all Federal, State, and Local Authorities Having Jurisdiction (AHJ)–as they may apply to the installation site, placement of the unit, setup or activation, access, usage of the storage, and the specification of the storage unit as constructed.
The Customer’s acceptance of any authorized quote or offer for goods or services from US Hazmat Rentals (Provider) shall be limited to and bound by acceptance of these Terms and Conditions as provided in such final quote. US Hazmat Rentals’s (Provider’s) acceptance of any purchase order is subject to Customer’s consent to any and all of Provider’s terms and conditions, and Provider’s Manufacturer’s Warranty as stipulated in its entirety herein. Any Request for Change of Terms or addition of conditions of the quote, including any action of the Customer to alter such terms in any way from original acceptance, shall not be intended or construed as a rejection of the offer to sell. Any alteration of the purchase terms or conditions at the request of the Customer must be formally made in writing to and also approved by US Hazmat Rentals before the start of manufacturing or action for service has been taken as contracted in the originating purchase order takes place. Acceptance of the purchase order is final, and the quote for goods or services shall not be amended by the Customer.
With any agreement to purchase goods and services from US Hazmat Rentals, it is understood that the Customer has read, fully understands, and accepts any and all Terms and Conditions of the offer. It is also understood that the Customer accepts all goods and services to be rendered as prescribed by the purchase order in “As Is, Where Is” condition included any and all applicable costs and associated fees. Any Terms or Conditions contrary to such are expressly rejected and no change, alteration, or alternative interpretation shall be binding upon US Hazmat Rentals (Provider) unless formally approved through an aforementioned Request for Change of Terms.
US Hazmat Rentals shall retain all rights to cancel any quote or purchase order contract at any time by written notice to the Customer. The contract for quote or purchase order may be canceled for any material breach of contract by Customer, if the Customer becomes insolvent or bankrupt, or if a third-party recipient of goods or services contracted refuses delivery which shall also constitute a breach of contract. Cancellation of an authorized purchase order by the Customer prior to delivery or provision of service shall constitute a breach of contract and Customer shall be liable for any and all costs accrued by US Hazmat Rentals in performance of such purchase order. All costs shall be compiled at the sole discretion of US Hazmat Rentals and shall include but are not limited to any cost of Work-In-Progress, cost of parts or component acquisition having already taken place, in-house or third-party engineering fees, in-house or third-party inspection, regulatory, and compliance consultation, cost of approval for state or local authorities having jurisdiction, project-related expenses, overhead, and profit. Costs shall be documented and supplied to the Customer for payment-in-full due upon receipt.
A notice of cancellation must be made in writing to US Hazmat Rentals at minimum 30 days prior to scheduled date of shipment. Any such Work-In-Progress shall cease as quickly as reasonably possible upon the receipt of such notice and the Customer agrees to pay US Hazmat Rentals the contract price for any and all work completed as so determined by US Hazmat Rentals. If Customer chooses to cancel contract less than 30 days prior to scheduled date of shipment, all costs plus an added 18% surcharge will be applied for disrupted operation, services, and loss of manufacturing capacity.
Any action of resolution of conflict by either US Hazmat Rentals, any affiliates, assignees, or representatives, for nonpayment of the final purchase order on time and in full by the Customer for contacted goods or services, and/or for the reimbursement of any associated costs accrued including but not limited to any applicable surcharges, cost of pursuit, or litigation fees that may apply, to remedy any such breach of contract or applicable Terms and Conditions. Such actions may be brought before a court in the State of North Carolina, Watauga County, and in the city of Boone, NC. Our purchase order contract shall supersede any other document from purchasing and is the final agreement as it stands. Only after payment for the final purchase agreement is received in-full including any overages or required and approved change-orders are also paid in-full, US Hazmat Rentals shall hold a financial stake in the deliverable goods and shall reserve the right to file Uniform Commercial Code (UCC) in such designated jurisdiction.
If Customer chooses to freight the product outside of a carrier contracted by US Hazmat Rentals, Customer shall Pick-Up and take delivery of their product within ten (10) working days of notification of completion if not sooner. If for any reason such Pick-Up cannot be coordinated with this timeframe, the Customer shall have the option to a.) pay off the purchase contract in full and we will hold the goods for up to thirty (30) days at no additional cost to the Customer. If storage exceeds 15 day Pick-Up period, a storage rate (b) shall apply, b.) Customer shall be assessed an inventory management and product storage fee that shall accrue at $1000 per month to be prorated daily for any storage period beyond the Customer’s 15 day Pick-Up window. If any terms of payment expire during storage, Customer shall also fulfill all payment obligations in accordance with original purchase order terms of contract, or c.) Customer shall have arranged and have approved other arrangements for delivery in written agreement and mutually executed terms approved by both US Hazmat Rentals and the Customer prior to the expiration of the Customer’s Pick-Up window.
US Hazmat Rentals or its affiliates, contractors or suppliers shall not be held liable for any delay, compliance, or performance of contracted goods or services in whole or in part due to any acts of God, pandemic, severe weather, government decree or control, disruption of labor, terrorism, protest, insurrection, risk of war, shortages, or due to delivery, procurement, shipment, permitting or licensing of supplies or raw material, or any other such cause, action, or inaction beyond the control of US Hazmat Rentals and any of its affiliates, contractors, and suppliers required in performance and completion of the Customer’s purchase order.
US Hazmat Rentals has made clear all Terms and Conditions of quote, purchase, payment, manufacturing, and delivery. All Terms and Conditions including any such terms of use, terms of purchase, terms of quote, terms of payment, and other conditions as set forth herein are provided in full disclosure for reference and the Customer’s acceptance. These Terms and Conditions constitute an exclusive, complete, and binding agreement between US Hazmat Rentals including its affiliates, contractors, and suppliers, and the Customer.
All parties herein expressly and irrevocably agree: (a) this Contractual Rental Agreement, including any related tort claims, shall be governed by the laws of North Carolina, without regard to any conflicts of law principles and (b) if any Section of this Contract is prohibited by any law, such Section shall be ineffective to the extent of such prohibition without invalidating the remaining Sections. If a legal dispute arises in regard to any business transaction between US Hazmat Rentals and the Customer, such action must take place within twelve months from the cause of action. Only provisions of the Uniform Commercial Code as adopted by the State of North Carolina in the United States of America shall apply to International transactions, and NOT the United Nations Convention of Contracts. US Hazmat Rentals terms and conditions shall be rendered, interpreted and acted upon explicitly in accordance with the laws, excluding any such conflict with the rule of law in the State of North Carolina.
US Hazmat Rentals shall not be held responsible in any way for the use, misuse, or application of contracted product or services. Provider shall be held harmless for any damage, expenses, claims, costs, delay, or demands, in contract, in tort, or in any way. Limitation of US Hazmat Rentals’ (Provider’s) liability. In consideration of the rental of equipment, customer agrees that Provider’s liability under this contract, including any liability arising from Provider’s, US Hazmat Rentals entities, its affiliates, or any third party’s comparative, concurrent, contributory, passive or active negligence or that arises as a result of any strict or absolute liability, shall not exceed the total rental charges paid by customer under this contract excluding any transportation fees. Such limitations include the use of Hazardous Chemical or Material of any kind including but not limited to the handling, application of, processing, placement and proximity, transport, or storage of such material described in the Code of Federal Regulations 29CFR, 40CFR, and 49CFR or any other applicable regulations. Limitation shall include any litigation, investigation or other costs as result of these actions or the settlement of any such claim or demand resulting from or including sickness, death, disease, bodily harm, damaged product, delay, facilities, equipment, or propriety. US Hazmat Rentals (Provider) shall not be held responsible for any license or permit for the product or services, use, application, proximity and placement, installation, safety, protocols, or the research or identification of any such regulation that may apply to a Customer’s use of contracted product or service. As such it is made abundantly clear it is the sole responsibility for the Customer for such actions, permitting, licenses, and compliance ensuring they meet full compliance, procedures, and safety standards with all Federal, State, and Local Authorities Having Jurisdiction (AHJ).
This Contractual Rental Agreement, together with any Customer executed credit application, constitutes the entire agreement of the parties regarding the US Hazmat Rentals (Provider) Equipment and may not be modified except by written amendment signed by both parties. Any Terms or Conditions contrary to such are expressly rejected and no change, alteration, or alternative interpretation shall be binding upon US Hazmat Rentals (Provider) unless formally approved through an aforementioned Request for Change of Terms. Customer’s obligations hereunder shall survive the termination of this Contract. This Contract and all of Customer’s rights in and to the Equipment are subordinate to all rights, title and interest of all persons (including Provider’s lenders) who have rights in the Equipment. Headings are for convenience only. To the extent that any terms in this Contract conflict, the parties agree that the more specific terms control. A copy of this Contract shall be valid as the original. Any failure by US Hazmat Rentals to insist upon strict performance of any Section of this Contract shall not be construed as a waiver of the right to demand strict performance in the future. Customer and the person signing this Contract represent that: (a) they both have full authority to execute, deliver and perform this Contract and (b) this Contract constitutes a legal, valid and binding obligation of Customer, enforceable in accordance with such terms. When Customer is a buyer of Equipment, they are hereby notified that Provider has assigned its rights (but not its obligations) in the agreement to sell the asset(s) described herein to US Hazmat Rentals LLC, a qualified intermediary, as part of Section 1031 exchange, and Customer shall make the payee “US Hazmat Rentals, LLC”.
Customer shall be in default if US Hazmat Rentals (Provider) deems itself insecure or if Customer: (a) fails to pay sums when due; (b) breaches any Section of this Contract; (c) becomes a debtor in a bankruptcy proceeding, goes into receivership, takes protection from its creditors under any insolvency legislation, ceases to carry on business, or has its assets seized by any creditor; (d) fails to insure the Equipment as required, or otherwise places the Equipment at risk; (e) fails to return Equipment immediately upon Provider’s demand; or (f) is in default under any other contract with Provider. If a Customer default occurs, Provider shall have, in addition to all rights and remedies at law or in equity, the right to repossess the Equipment without judicial process or prior notice. Customer shall pay all of Provider’s costs, including reasonable costs of collection, court costs, attorneys and legal fees, incurred in exercising any of its rights or remedies herein. The use of false identification to obtain Equipment or the failure to return Equipment by the end of the Rental Term may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to applicable laws. Provider shall not be liable due to seizure of Equipment by order of governmental authority. Customer waives any right of action against US Hazmat Rentals (Provider) entities or its affiliates for such repossession.
To the fullest extent permitted by law, customer indemnifies, releases, holds US Hazmat Rentals entities harmless and at US Hazmat Rentals’s request, defends US Hazmat Rentals entities (with counsel approved by US Hazmat Rentals), from and against all liabilities, claims, losses, damages, and expenses (including attorney’s and/or legal fees and expenses) however arising or incurred, related to any incident, damage to property, injury or death of, any person, contamination or alleged contamination, or violation of law or regulation caused by or connected with the (a) use, possession or control of the equipment during the Rental Term or (b) breach of this contract, whether or not caused in part by the active or passive negligence or other fault of any party indemnified herein and any of the foregoing arising or imposed in accordance with the doctrine of strict or absolute liability. Customer also agrees to waive its workers’ compensation immunity, to the extent applicable. Customer’s indemnity obligations shall survive the expiration or termination of this contract. All of customer’s indemnification obligations under this paragraph shall be joint and several. Jury trial waiver. In any dispute arising out of, in connection with, or in any way pertaining to this contract or US Hazmat Rentals’ (Provider’s) service or Equipment, Customer and Provider hereby knowingly, voluntarily and intentionally waive any right to a trial by jury, this waiver being a material inducement to entering into this contract.
At the election of Customer or US Hazmat Rentals, any dispute arising out of, in connection with or in any way pertaining to this contract or Provider’s Equipment shall be settled by arbitration Brought in the party’s individual capacity and not as a plaintiff in a Purported class or representative capacity, administered by the American Arbitration association under its commercial arbitration rules or by jams Pursuant to its streamlined arbitration rules and procedures and Judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. There shall be no right or Authority for any claims to be arbitrated or tried on a class action basis.
PRODUCT WARRANTY
The Provider: US Hazmat Rentals, LLC, hereafter as “US Hazmat Rentals” or “Provider”.
The Customer: Hereinafter referred to as the “Customer” is understood to be renter, purchaser, company, party, end-user, receiver of goods, and the customer of contracted goods and services as identified in an authorized and approved purchase order from the “Provider”, US Hazmat Rentals.
Rent: Hereinafter “Rental Rate” are all monies due from Customer for Equipment rental fees as defined in Section 2. Rental Rate herein.
US Hazmat Rentals (Provider) agrees to maintain any equipment failure during Customer’s performance period and contracted Rental Term within contractual Rental Rate. US Hazmat Rentals, as Provider, at its sole discretion will repair or replace any unit or part (“part” includes, but is not limited to material, component, accessory, or connection) to remedy a defect that might arise. If any unit, part, or component has been modified, tampered with, or otherwise altered outside of the original equipment condition as delivered to Customer, such unit or part shall no longer be covered under this Performance Warranty. Customer shall then be liable for any such cost to return the unit, part, or component to its original condition.
Customer agrees the use of all equipment is at their own risk. US Hazmat Rentals (Provider) does not design or manufacture the Equipment and is not the agent of those that do. Provider disclaims all representation and warranties, express or implied, with respect to the equipment, its durability, condition, merchantability, or fitness for any particular purpose. Customer acknowledges acceptance of the equipment on and “as is, where is” basis as with consideration such equipment shall be in good working order. Any fault shall be reported to Provider immediately and best action shall for remedy shall be decided upon by Provider at such time. Customer assumes all risk associated with equipment and releases provider entities and affiliates from all liability and damages (including lost profits, personal injury, and incidental and consequential damages) in anyway connected with the equipment, as operation or use or any defect or failure there of or a breach of providers obligation herein.
To the fullest extent permitted by law, Customer shall indemnify, release, hold Provider entities harmless and at Provider’s request, shall defend Provider entities (with counsel approved by Provider), from and against all liabilities, claims, losses, damages, and expenses (including attorney’s and/or legal fees and expenses) however arising or incurred, related to any incident, damage to property, injury or death of, any person, contamination or alleged contamination, or violation of law or regulation caused by or connected with the (a) use, possession or control of the equipment during the Rental Term or (b) breach of this contract, whether or not caused in part by the active or passive negligence or other fault of any party indemnified herein and any of the foregoing arising or imposed in accordance with the doctrine of strict or absolute liability. Customer also agrees to waive its workers’ compensation immunity, to the extent applicable. Customer’s indemnity obligations shall survive the expiration or termination of this contract.
The Customer’s Warranty Coverage shall begin on date of shipment to Customer, more specifically from the date the carrier picks up the unit from the factory for delivery to the Customer. From this date forward, your US Hazmat Rentals Equipment will be covered under the stated Performance Warranty described herein. Any Normal Wear-and-Tear, natural variations of materials shall not qualify as a defect. No improper use or neglect in maintenance of the structure or any component accessory including abuse, impact, accident, overuse, or unintended stress on the unit, component, accessory, or material quality shall qualify as a defect. Your warranty coverage requires the unit be unmodified and fully maintained including all parts, materials, components, accessories, and connections by the Customer.
With a valid warranty, US Hazmat Rentals at its sole discretion will repair or replace any unit or part (“part” includes, but is not limited to material, component, accessory, or connection) to remedy a defect that might arise. If any unit or part has been modified, tampered with, or otherwise altered outside of the original equipment as manufactured, such unit or part shall no longer be covered under this Performance Warranty. The unit including all parts must be properly connected maintained, and inspected during Customer’s Rental Term to satisfy any Normal Wear and Tear requirements.
Surfaces including painted and coated finishes – of your unit shall be refurbished and documented prior to shipment to Customer. Customer shall be responsible for touchup, repair or replacement of any surfaces damaged during Rental Term. US Hazmat Rentals’ (Provider’s) liability of warranty shall not exceed and shall be limited only to the repair of applicable defect in performance, or the replacement of such unit or part if such defect is not capable of being repaired at Provider’s sole discretion. If the repair or replacement of parts requires additional labor in order to rectify any such defect, the Provider shall cover any associated labor costs unless defect was caused by Customer’s use, abuse, or improper handling during Rental Term wherein Customer shall be responsible for full repair and replacement costs including all labor and servicing fees. US Hazmat Rentals shall have no liability to Customer for any loss of production, loss of profit, fines, fees, or any other damage or expense incurred due to a defect or any other reason related to the equipment, rental, unit, or part. Customer hereby waives any and all expense and damages from such use with this agreement.
Both US Hazmat Rentals (Provider) and the Customer hereby mutually agree that this Performance Warranty as defined herein shall be the Customer’s sole remedy for any malfunction or defect that may arise. Any dispute of warranty, defect, or purchase of the unit shall be brought before a court in the State of North Carolina, Watauga County, and in the city of Boone, NC. No other warranty, either expressed or implied shall apply and the full liability of US Hazmat Rentals is clearly defined, understood, and in its entirety herein and as set forth by this Performance Warranty Coverage Agreement.
The Customer’s acceptance of any authorized quote, equipment or offer for goods or services from US Hazmat Rentals shall be limited to and bound by acceptance of these Terms and Conditions provided in such final quote. US Hazmat Rentals’s acceptance of any purchase order is subject to Customer’s consent to any and all terms and conditions, and the Performance Warranty as stipulated in its entirety herein.
Please contact US Hazmat Rentals with any questions or to report any damage, defect, or warranty claim. Call 877-959-0747 or email info@ushazmatrentals.com with complete details.
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