RENTAL CONTRACT TERMS AND CONDITIONS
Effective Date: July 3, 2026
These Rental Contract Terms and Conditions ("Agreement") govern every rental transaction between Care Corp LLC d/b/a Care Equipment ("Lessor") and the customer identified on the Rental Agreement ("Lessee"). By signing this Agreement, electronically accepting these Terms, taking possession of the Equipment, or authorizing another person to do so on Lessee's behalf, Lessee acknowledges that they have read, understand, and agree to be legally bound by all terms and conditions contained herein.
1. INSPECTION
Lessee acknowledges that the Equipment has been inspected prior to acceptance and appears to be in good operating condition unless otherwise noted on the Rental Agreement or inspection report. Lessee agrees to inspect the Equipment immediately upon delivery or pickup and shall notify Lessor of any defects before operating the Equipment. Operation of the Equipment constitutes acceptance that it is in satisfactory condition and suitable for Lessee's intended use.
2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT
If Equipment becomes inoperable due solely to normal mechanical failure, Lessee shall immediately discontinue operation and notify Lessor.
Lessor may, at its sole discretion:
Lessor shall not be liable for delays, lost profits, project delays, business interruption, labor costs, or any incidental, consequential, or special damages resulting from Equipment breakdown or replacement delays. Lessee shall remain responsible for all damage caused by continued operation after a malfunction occurs.
3. WARRANTIES
THE EQUIPMENT IS PROVIDED "AS IS," "WHERE IS," AND "WITH ALL FAULTS."
LESSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
Lessor makes no representation that the Equipment is suitable for Lessee's intended project. Lessee assumes sole responsibility for determining Equipment suitability.
4. HOLD HARMLESS AGREEMENT
Lessee assumes all risks associated with possession, transportation, loading, unloading, operation, maintenance, storage, and return of the Equipment. Lessee agrees to defend, indemnify, and hold harmless Lessor, its owners, employees, agents, successors, insurers, affiliates, and contractors from any claims, lawsuits, liabilities, damages, losses, judgments, fines, penalties, attorney's fees, expert witness fees, and costs arising out of:
This obligation survives termination of the rental.
5. PROHIBITED USES
The following constitute material breaches of this Agreement:
a. Illegal or unlawful use.
b. Operating under the influence of alcohol or drugs.
c. Overloading or exceeding manufacturer capacity.
d. Improper, negligent, reckless, or abusive operation.
e. Operation by anyone other than Lessee or Lessee's authorized employees without written approval.
f. Removing Equipment from the approved jobsite without written permission (excluding trailers unless otherwise agreed).
g. Altering or removing safety devices.
h. Tampering with GPS or telematics.
i. Subleasing or lending Equipment.
j. Operating Equipment without required licenses or certifications.
6. ASSIGNMENTS, SUBLEASES, AND LOANS OF EQUIPMENT
Lessor may assign this Agreement without Lessee's consent. Lessee may not assign, sublease, pledge, loan, or otherwise transfer possession of Equipment without prior written consent. Any unauthorized transfer immediately terminates this Agreement.
7. TIME OF RETURN
Rental charges continue until Equipment is physically returned, inspected, and accepted by Lessor. Retention of Equipment beyond the agreed rental period constitutes a material breach. Extensions must be approved in writing before expiration of the Rental Period.
8. RETURN OF EQUIPMENT
Equipment shall be returned:
Rental responsibility continues until Equipment is inspected and accepted by Lessor. Lessee remains responsible for all loss or damage until acceptance by Lessor. Cleaning, refueling, missing parts, and repair charges shall be billed separately.
9. DAMAGED OR LOST EQUIPMENT
Lessee assumes full responsibility for all damage to or loss of Equipment occurring during the Rental Period, regardless of fault, except ordinary wear resulting from proper use. Rental charges continue while damaged Equipment is being repaired or until replacement cost is paid. Equipment deemed a total loss shall be paid at full replacement value, including freight, taxes, accessories, and administrative costs.
9A. DAMAGE WAIVER
A Damage Waiver fee equal to 10% of the rental charges is automatically applied unless waived in writing by Lessor after receipt of an acceptable Certificate of Insurance naming Lessor as Additional Insured and Loss Payee. The Damage Waiver is NOT INSURANCE. It is not a warranty and does not relieve Lessee of responsibility for loss or damage. If applicable, Lessor agrees to waive recovery of direct repair costs up to $300 per occurrence, subject to the exclusions below.
Damage Waiver does NOT cover:
Damage caused by any third party outside Lessee's control is not covered unless specifically approved by Lessor.
10. THEFT OF EQUIPMENT
Lessee is fully responsible for theft, burglary, embezzlement, conversion, mysterious disappearance, or any failure to return Equipment. Replacement cost shall include freight, setup, taxes, accessories, administrative expenses, and lost rental income where permitted by law. Damage Waiver does not cover theft.
11. COLLECTION COSTS
Lessee agrees to pay all amounts due under this Agreement when they become due. Any balance not paid when due shall accrue interest at the lesser of eighteen percent (18%) per annum or the maximum rate permitted by Massachusetts law.
If Lessor refers any account for collection or legal action, Lessee agrees to pay all costs incurred by Lessor, including but not limited to:
Acceptance of partial payment shall not constitute a waiver of any remaining balance or any rights under this Agreement.
12. REPOSSESSION
Upon Lessee's failure to timely return the Equipment, failure to make payment, breach of this Agreement, bankruptcy, abandonment of the Equipment, or whenever Lessor reasonably believes its property is at risk, Lessor may immediately terminate the rental. Upon termination, Lessor may recover the Equipment from any location where it is reasonably believed to be located, to the fullest extent permitted by applicable law. Lessee authorizes Lessor, its employees, agents, contractors, recovery companies, and representatives to enter private property, without breach of the peace, solely for the purpose of recovering Equipment.
Lessee shall remain responsible for:
Lessor's exercise of repossession rights shall not constitute an election of remedies and shall not limit any other rights available under this Agreement or applicable law.
13. DISCLAIMER OF MANUFACTURER
Lessee acknowledges that Care Equipment is not the manufacturer of the Equipment. Lessor makes no warranties on behalf of any manufacturer. Any manufacturer's warranties that may exist are solely between the manufacturer and the Lessee.
Lessor assumes no responsibility for:
Any claims relating to manufacturing defects shall be pursued directly against the manufacturer unless otherwise required by law.
14. LOADING AND UNLOADING EQUIPMENT
Any assistance provided by Lessor's employees in loading, unloading, securing, or positioning Equipment is provided solely as a courtesy. Lessee retains sole responsibility for ensuring that Equipment is properly loaded, secured, transported, unloaded, and operated safely. Lessee assumes all risks associated with loading and transportation.
Lessor shall not be liable for:
Lessee shall inspect all chains, binders, straps, couplers, hitch pins, safety chains, lighting connections, brakes, and securement devices before leaving Lessor's premises.
15. FAILURE TO RETURN / THEFT REPORTING
If Equipment is not returned by the agreed "Date and Time Due In," Lessor may, at its sole discretion and without prior notice:
Failure to return Equipment upon demand may constitute unlawful conversion or theft under applicable law.
Nothing contained herein limits any criminal or civil remedies available to Lessor.
16. INSPECTION OF TRAILERS
Prior to leaving Lessor's premises, Lessee shall inspect all trailer equipment, including but not limited to:
During transport, Lessee agrees to periodically inspect the trailer and securement devices, including after the first twenty-five (25) miles and at reasonable intervals thereafter. Lessee assumes full responsibility for safe towing.
17. WAIVER OF CLAIMS
To the fullest extent permitted by law, Lessee waives any claims against Lessor for:
This waiver applies regardless of whether the alleged damages arise from Equipment breakdown, delayed delivery, weather, transportation delays, maintenance, or other causes beyond Lessor's reasonable control. Nothing in this section limits liability that cannot legally be waived under Massachusetts law.
18. DAMAGE TO CUSTOMER VEHICLES
Lessor shall not be liable for damage to Lessee's vehicle, trailer, hitch, bumper, suspension, electrical system, tires, or any other property resulting from:
Lessee is solely responsible for ensuring that the towing vehicle has adequate capacity and complies with all applicable manufacturer specifications and state and federal laws.
19. ACCIDENT NOTIFICATION
Lessee shall immediately notify Lessor of:
Lessee shall also:
Failure to promptly report an incident may result in denial of Damage Waiver benefits and may constitute a material breach of this Agreement.
20. OVERDUE ACCOUNTS
All invoices are due upon receipt unless otherwise agreed in writing. Rental charges continue until Equipment is physically returned, inspected, and accepted by Lessor.
Any unpaid balance may result in:
Lessor reserves the right to charge the credit card or payment method on file for any unpaid rental charges, damage charges, cleaning fees, refueling charges, environmental fees, replacement costs, taxes, late fees, collection costs, and any other amounts owed under this Agreement. Electronic signatures, Quipli records, GPS records, inspection reports, photographs, invoices, and payment records maintained by Lessor shall constitute prima facie evidence of the amounts due.
ADDITIONAL TERMS AND CONDITIONS
The following Additional Terms and Conditions are incorporated into and made a part of this Rental Contract. In the event of any conflict between these Additional Terms and any other provision of this Agreement, these Additional Terms shall govern to the extent permitted by applicable law.
A. Fuel, Cleaning, and Environmental Fees
Unless otherwise stated in writing, all Equipment shall be returned with the same fuel level as when delivered or picked up. If Equipment is returned with less fuel than received, Lessee authorizes Lessor to refill the Equipment and charge the actual cost of fuel plus a refueling service fee.
Equipment shall be returned in reasonably clean condition. Excessive dirt, mud, clay, concrete, asphalt, paint, adhesive, grease, oil, tree sap, demolition debris, landscaping debris, or other foreign material requiring additional labor to remove shall result in cleaning charges at Lessor's then-current labor rate, plus the cost of cleaning materials and disposal.
Lessee shall be responsible for any environmental contamination, fuel spills, hydraulic leaks, or hazardous material releases occurring during the Rental Period. Environmental fees charged by Lessor are administrative fees only and do not limit Lessee's liability for environmental damages.
B. Equipment Maintenance and Daily Inspection
Lessee shall perform routine daily inspections of the Equipment during the Rental Period, including checking engine oil, coolant, hydraulic fluid, fuel level, tires or tracks, grease points, safety devices, and warning indicators.
If any warning light, abnormal vibration, unusual noise, leak, overheating condition, or mechanical issue develops, Lessee shall immediately stop using the Equipment and notify Lessor.
Lessee shall not perform repairs without Lessor's prior written authorization. Unauthorized repairs become the property of Lessor without reimbursement unless otherwise agreed in writing.
Lessee shall be responsible for all damage resulting from continued operation after a mechanical issue becomes known.
C. Dig Safe and Underground Utilities
Before using Equipment for excavation, trenching, drilling, grading, post installation, or any activity involving ground disturbance, Lessee shall comply with all applicable federal, state, and local utility notification laws, including contacting Massachusetts Dig Safe® where required.
Lessee assumes all responsibility for locating underground utilities.
Lessor shall not be liable for damage to underground utilities, including electrical, gas, water, sewer, communication, fiber optic, irrigation, or private utility lines.
Lessee shall defend, indemnify, and hold Lessor harmless from all claims arising from underground utility damage.
D. OSHA Compliance and Operator Qualifications
Lessee represents that all Equipment operators are properly trained, qualified, and physically capable of safely operating the Equipment.
Lessee is solely responsible for complying with:
Lessor does not certify operators unless expressly agreed to in writing.
E. GPS, Telematics, and Electronic Monitoring
Certain Equipment may contain GPS tracking devices, telematics systems, engine monitoring systems, geofencing technology, hour meters, and cellular communication devices.
Lessee consents to Lessor's use of such technology for:
Tampering with, removing, disabling, shielding, disconnecting, or interfering with telematics equipment constitutes a material breach of this Agreement.
F. Electronic Signatures and Quipli Integration
Lessee acknowledges that Care Equipment utilizes Quipli for reservations, rental agreements, electronic signatures, payment processing, invoices, customer communications, and recordkeeping.
Electronic signatures, typed names, touchscreen signatures, SMS confirmations, email approvals, electronic initials, and online acceptance through Quipli shall have the same legal effect as handwritten signatures pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Massachusetts Uniform Electronic Transactions Act.
Quipli records shall constitute the official business records of the rental transaction.
G. Force Majeure
Lessor shall not be liable for delays or failure to perform caused by circumstances beyond its reasonable control, including but not limited to severe weather, flood, fire, hurricane, tornado, earthquake, pandemic, labor shortages, fuel shortages, transportation delays, supply chain disruptions, manufacturer recalls, government action, utility outages, internet failures, cybersecurity incidents, acts of terrorism, or civil unrest.
Such events shall not constitute a breach of this Agreement.
H. Governing Law and Venue
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.
Any legal action arising under this Agreement shall be brought exclusively in the Massachusetts Trial Court located in Worcester County, Massachusetts, unless Lessor elects another court having proper jurisdiction.
Lessee consents to the jurisdiction of Massachusetts courts and waives any objection based upon venue or forum non conveniens.
I. Entire Agreement
This Rental Contract, together with the Master Rental Agreement, Rental Orders, Quipli records, invoices, delivery tickets, inspection reports, electronic signatures, and any written amendments executed by Lessor, constitutes the entire agreement between the parties.
No oral statements or representations shall modify this Agreement.
Any modification must be in writing and signed by an authorized representative of Lessor.
J. Severability
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The invalid provision shall be modified only to the extent necessary to make it enforceable while preserving the parties' original intent.
K. Customer Acknowledgment and Acceptance
By signing this Agreement, electronically accepting these Terms, taking possession of the Equipment, authorizing another individual to receive the Equipment, or otherwise using the Equipment, Lessee acknowledges that:
L. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARE CORP LLC D/B/A CARE EQUIPMENT ("LESSOR"), ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, CONTRACTORS, INSURERS, SUPPLIERS, MANUFACTURERS, SOFTWARE PROVIDERS, PAYMENT PROCESSORS, AND QUIPLI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE RENTAL, DELIVERY, OPERATION, BREAKDOWN, REPAIR, REPLACEMENT, OR USE OF THE EQUIPMENT.
WITHOUT LIMITING THE FOREGOING, LESSOR SHALL NOT BE LIABLE FOR:
Lessor shall not be responsible for delays or failures resulting from:
Customer acknowledges that Equipment is intended to assist in construction, landscaping, industrial, agricultural, and related work and that successful completion of any project depends upon numerous factors beyond Lessor's control.
Accordingly, Customer assumes all risks associated with project scheduling, labor coordination, weather conditions, site conditions, underground conditions, utility conflicts, and Equipment selection.
IN NO EVENT SHALL LESSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF ANY CLAIM RELATED TO THIS AGREEMENT EXCEED THE TOTAL RENTAL CHARGES ACTUALLY PAID TO LESSOR FOR THE SPECIFIC EQUIPMENT GIVING RISE TO THE CLAIM DURING THE APPLICABLE RENTAL PERIOD.
THE LIMITATIONS SET FORTH HEREIN APPLY REGARDLESS OF WHETHER THE CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF LESSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing contained herein shall limit liability that cannot legally be limited or waived under the laws of the Commonwealth of Massachusetts.