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5400 Brookpark Road, Cleveland, Ohio 44129, United States
Call the best in Cleveland and beyond 440-297-4336
EQUIPMENT RENTAL AGREEMENT (CONTRACT)
EQUIPMENT RENTAL AGREEMENT (CONTRACT)
EZHEN CORPORATION (DBA CHEAP TOOL RENTAL)
5400 BROOKPARK RD, CLEVELAND, OH 44129
440-297-4336
CHEAPTOOLRENTAL.COM ____________________________________________________________________________________
OWNER: EZHEN CORPORATION (DBA CHEAP TOOL RENTAL)
5400 BROOKPARK RD, CLEVELAND, OH 44129
RENTER: NAME:_____________________________________________________________________
EIN (companies only):________________________________________________________ PLACE OF USE ADDRESS:______________________________
______________________________
PHONE:______________________________________________
CREDIT CARD INFORMATION
CARD#:______________________________________________
EXP. DATE:_____/_____
CVV:________________
ZIP:_____________
EQUIPMENT RENTED INFO:__________________________________________
Hours_____________________________________________________________
Notes_____________________________________________________________
4 HOUR
DAILY(24h)
WEEKLY
MONTHLY
RENTAL RATE
0
DELIVERY
0
OHIO TAX 8%
0
PARTIAL LIABILITY WAIVER (15% of rental amount)
0
TOTAL
0
DATE/TIME OF THE RENTAL
10/16/2021 10:56:17
FUEL at the time of rental
1/4
1/2
3/4
full
PRINT NAME_____________________SIGNATURE________________________
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to Contact Us: If you have any questions, requests or concerns related to this Privacy Policy, please email, call or visit us at 5400 Brookpark Rd, Cleveland, OH 44129 440-297-4336 cheaptoolrent@gmail.com
The Partial Liability Waiver (PLW) is an extended plan, for you or your company, to offset possible damages or theft that may occur during the equipment rental period. While PLW is optional for items under $2 000 , it is recommended to maximize your total protection while renting equipment. PLW can also cover gaps in your insurance coverage such as when the loss is within your insurance deductible or when the loss is greater than the deductible, but not large enough to file a claim. The actual terms of the PLW are outlined in this contract.
Equipment must be returner in clean condition or cleaning fee amount determined by Ezhen Corporation will be charged. Minimum $10 Maximum $30.
PARTIAL LIABILITY WAIVER
THEFT PROTECTION
For equipment that has been stolen, our customer is only responsible for 20% of the manufacturer’s suggested list price, up to a maximum of $1000. In the case of theft of equipment, your responsibility is limited when you have paid for the PLW and comply with the rental contract, including filing a proper police report of the theft within 48-hours of discovery of theft. If the equipment is recovered at a later date, Ezhen Corporation (DBA Cheap Tool Rental) retains ownership.
DAMAGE PROTECTION
For the cost of repairs (incidental & accidental), the customer is only responsible for 20% of the cost of the repairs, up to a maximum of $1000. The PLW can shield you, as the customer, against unexpected expenses that could result from damage during the use of rental equipment. Typically insurance does not cover the cost of repair or such repair cost is within your deductible amount.
TIRE PROTECTION
The PLW includes protection for your tires. For every tire puncture occurrence, the first $50 of the puncture is covered under the PLW
RENTAL LIABILITY
Customers are exempt from rental charges on damaged equipment covered by PLW while it is being repaired. The PLW limits your responsibility for cost of repairs, as well as eliminating your liability for the rental amount normally charged during the period in which the equipment is repaired. There are limitations to the PLW coverage which are clearly listed on this Contract.
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- DEFINITIONS. “Authorized Individuals” are those individuals that Customer directly or indirectly allows to use the Equipment, who are properly trained to use the Equipment and are not under the influence of any drugs, alcohol, substances or otherwise impaired. “Customer” is identified earlier and includes any of its representatives, agents, officers, employees or anyone signing this Contract on its behalf. “Equipment” is the equipment and/or services identified earlier, together with all replacements, repairs, additions, attachments and accessories and all future Equipment rented. “Incident” is any fine, citation, theft, accident, casualty, loss, vandalism, injury, death or damage to person or property, claimed by any person or entity that appears to have occurred in connection with the Equipment. Equipment is considered “Lost” when it is either stolen, its location is unknown or Customer is unable to recover it for a period of 30 days. “MSLP” is the Equipment manufacturer’s suggested list price on or about the date of the Incident relating to the Equipment. “One Shift,” means not more than 8 hours per day and 40 hours per week. “Ordinary Wear and Tear” means normal deterioration considered reasonable in the equipment rental industry for One Shift use. “Rental Period” commences when the Equipment is delivered to Customer or the Site Address and continues until the Equipment is returned to the Store or picked up by Ezhen Corporation (DBA Cheap Tool Rental) during normal business hours, provided Customer has otherwise complied with this Contract. “PLW” is the partial liability waiver described in Section 10. “Site Address” is the location that Customer represents the Equipment will be located during the Rental Period identified earlier. “Store” is the Ezhen Corporation (DBA Cheap Tool Rental) location identified earlier. “ Cheap Tool Rental” is Ezhen Corporation.
- TERMS. Customer’s execution of this Contract or taking possession of the Equipment shall be deemed acceptance of the terms herein. All of the terms herein are incorporated into this and all past and future contracts between Ezhen Corporation (DBA Cheap Tool Rental) and Customer upon Customer’s receipt of Ezhen Corporation (DBA Cheap Tool Rental) 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 Ezhen Corporation (DBA Cheap Tool Rental) pursuant to this Contract. This Contract is a true lease. The Equipment (a) is and shall remain the personal property of Ezhen Corporation (DBA Cheap Tool Rental)and (b) shall not be affixed to any other property.
- PERMITTED USE. Customer agrees that Ezhen Corporation (DBA Cheap Tool Rental) has no control over the manner in which the Equipment is operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits. Customer warrants that: (a) prior to each use, Customer shall inspect the Equipment to confirm that it is in good condition, without defects, includes readable decals and operating and safety equipment or instructions and is suitable for Customer’s intended use; (b) any apparent agent at the Site Address is authorized to accept delivery of the Equipment (and if Customer requests, Customer authorizes Ezhen Corporation (DBA Cheap Tool Rental) to leave the Equipment at the Site Address without requirement of written receipt); (c) Customer shall immediately notify Ezhen Corporation (DBA Cheap Tool Rental) if the Equipment is Lost, damaged, unsafe, disabled, malfunctioning, levied upon, threatened with seizure, or if any Incident occurs; (d) Customer has received from Ezhen Corporation (DBA Cheap Tool Rental) all information needed or requested regarding the operation of the Equipment; (e) Ezhen Corporation (DBA Cheap Tool Rental) is not responsible for providing operator or other training unless Customer specifically requests in writing and Ezhen Corporation (DBA Cheap Tool Rental) agrees to provide such training (Customer being responsible to obtain all training that Customer desires prior to the Equipment’s use); (f) only Authorized Individuals shall use and operate the Equipment; (g) the Equipment’s use shall be in a careful manner, in compliance with all operating and safety instructions provided on, in or with the Equipment and all applicable federal, state and local laws, permits and licenses, including but not limited to, OSHA, as revised; and (h) the Equipment shall be kept in a secure location.
- PROHIBITED USE. Customer shall not (a) alter or cover up any decals or insignia on the Equipment or remove any operating or safety equipment or instructions; (b) assign its rights under this Contract; (c) move the Equipment from the Site Address without Ezhen Corporations (DBA Cheap Tool Rental) written consent; (d) use the Equipment in a negligent, illegal, unauthorized or abusive manner, or in any publication (print, audiovisual or electronic); or (e) allow the use of the Equipment by any unauthorized individual (Customer acknowledging that the Equipment may be dangerous if used improperly or by untrained parties).
- MAINTENANCE. Customer shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, grease, cooling system, water, batteries, cutting edges, and cleaning in accordance with the manufacturer’s specifications. All other maintenance or repairs may only be performed by Ezhen Corporation or its agents, but Ezhen Corporation (DBA Cheap Tool Rental) has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call. If Ezhen Corporation ) determines that repairs to the Equipment are needed, other than Ordinary Wear and Tear, Customer shall pay the full repair charges and rental of the Equipment until the repairs are completed. Ezhen Corporation has the right to inspect the Equipment wherever located. Customer has the authority to and hereby grants Ezhen Corporation and its agents the right to enter the physical location of the Equipment for the purposes set forth herein. Ezhen Corporation shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the Equipment is Customer’s exclusive remedy for Ezhen Corporation (DBA Cheap Tool Rental) breach of this Section. Notwithstanding Ezhen Corporation (DBA Cheap Tool Rental) service commitment, Ezhen Corporation (DBA Cheap Tool Rental) shall have no obligation if Customer breaches this Contract to stop the Rental Period, commence repairs or rent other equipment to Customer until Customer or its agent agrees to pay for such charges.
- CUSTOMER LIABILITY. DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT. After an Incident, Customer shall (a) immediately notify Ezhen Corporation (DBA Cheap Tool Rental), the police, if necessary and Customer’s insurance carriers; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until Ezhen Corporation (DBA Cheap Tool Rental) or its agents investigate; (c) immediately submit copies of all police or other third party reports to Ezhen Corporation (DBA Cheap Tool Rental) ; and (d) as applicable, pay Ezhen Corporation (DBA Cheap Tool Rental), in addition to other sums due herein, the rental rate for Equipment until the repairs are completed or Equipment replaced plus either (i) the MSLP or (ii) the full charges of repairs of damaged Equipment. Accrued rental charges shall not be applied against these amounts. Ezhen Corporation (DBA Cheap Tool Rental)shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident.
- NO WARRANTIES. Ezhen Corporation does not design or manufacture the Equipment and is not the agent of those that do. Ezhen Corporation DISCLAIMS ALL REPRESENTATIONS 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 AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST Ezhen Corporation (DBA Cheap Tool Rental) ENTITIES. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES Ezhen Corporation (DBA Cheap Tool Rental) ENTITIES FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF Ezhen Corporation OBLIGATIONS HEREIN.
- RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS Ezhen Corporation (DBA Cheap Tool Rental) ENTITIES HARMLESS AND AT Ezhen Corporation’s (DBA Cheap Tool Rental) REQUEST, DEFENDS Ezhen Corporation (DBA Cheap Tool Rental) ENTITIES (WITH COUNSEL APPROVED BY Ezhen Corporation (DBA Cheap Tool Rental) ), 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
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- THE EQUIPMENT DURING THE RENTAL PERIOD 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.
- INSURANCE. During the Rental Period, Customer shall maintain, at its own expense, the following minimum insurance coverage: (a) general liability insurance of not less than $1,000,000 per occurrence, including coverage for Customer’s contractual liabilities herein such as the release and indemnification clause contained in Section 8; (b) property insurance against loss by all risks to the Equipment, in an amount at least equal to the MSLP thereof, unless PLW is elected and paid for at the time of rental; (c) worker’s compensation insurance as required by law; and (d) automobile liability insurance (including comprehensive and collision coverage, and uninsured/underinsured motorist coverage), in the same amounts set forth in subsections (a) and (b), if the Equipment is to be used on any roadway. Such policies shall be primary, non-contributory, on an occurrence basis, contain a waiver of subrogation, name Ezhen Corporation and its agents as an additional insured (including an additional insured endorsement) and loss payee, and provide for Ezhen Corporation to receive at least 30 days prior written notice of any cancellation or material change. Any insurance that excludes boom damage or overturns is a breach. Customer shall provide Ezhen Corporation with certificates of insurance evidencing the coverages required above prior to any rental and any time upon Ezhen Corporation request. To the extent Ezhen Corporation Entities carry any insurance, Ezhen Corporation Entities’ insurance will be considered excess insurance. The insurance required herein does not relieve Customer of its responsibilities, indemnification, or other obligations provided herein, or for which Customer may be liable by law or otherwise. Equipment under $2000 MSRP does not require Insurance or PLW , but strongly suggested. Not covered equipment and payed rent for time needed to repair or replace will be 100% customer responsibility.
- PARTIAL LIABILITY WAIVER. Customer’s repair or replacement responsibility in Sections 5 and 6 is modified by the PLW and Ezhen Corporation (DBA Cheap Tool Rental) shall limit the amount Ezhen Corporation collects from Customer for the Equipment loss, damage or destruction to the following amounts for each piece of Equipment: (a) 20% of the MSLP for Lost Equipment, up to a maximum of $1000 per piece of Equipment; (b) 20% of the repair charges for incidental or accidental damage to Equipment, up to a maximum of $1000 per piece of Equipment; (c) charges in excess of $50 per tire for tire repairs; and (d) nothing for the rental charges which would otherwise accrue during the period when damaged or destroyed Equipment is being repaired or replaced by Ezhen Corporation or Lost Equipment is being replaced; provided however, the foregoing PLW liability reduction only applies if the Conditions are satisfied and an Exclusion does not apply. The PLW is NOT INSURANCE and does NOT protect Customer from liability to Ezhen Corporation (DBA Cheap Tool Rental) or others arising out of possession, control or use of the Equipment, including injury or damage to persons or property. THE PLW IS A CONTRACTUAL MODIFICATION OF CUSTOMER’S LIABILITY. All of the following “Conditions” must be satisfied for the PLW and the corresponding liability reduction to apply: (i) Customer accepts the RPP in advance of the rental; (ii) Customer pays 15% of the gross rental charges as the fee for the PLW (plus applicable taxes); (iii) Customer fully complies with the terms of this Contract; (iv) Customer’s account is current at the time of the loss, theft, damage or destruction of the Equipment; and (v) none of the Exclusions apply. Customer assumes the Exclusion risks, meaning that if any Exclusion occurs, the PLW does NOT reduce the liability of Customer to Ezhen Corporation (DBA Cheap Tool Rental) for the loss, theft, damage or destruction resulting from such Exclusion. “Exclusions” shall mean loss, theft, damage or destruction of the Equipment: (A) due to intentional misuse; (B) caused by Lost Equipment not reported by Customer to the police within 48 hours of discovery, and substantiated by a written police report (promptly delivered to Ezhen Corporation (DBA Cheap Tool Rental)); (C) due to floods, wind, storms, earthquakes or other Acts of God; and (D) accessories or Equipment for which Customer is not charged the PLW fee. THE EXCLUSIONS REMAIN THE LIABILITY OF CUSTOMER AND ARE NOT MODIFIED BY THE PLW. PLW IS REFLECTED ON THE CONTRACT AS PART OF CUSTOMERS ESTIMATED CHARGES UNLESS CUSTOMER HAS ELECTED TO DECLINE PLW IN WRITING OR MADE OTHER CONTRACTUAL ARRANGEMENTS. Notwithstanding anything to the contrary in this Contract, if Lost Equipment is later recovered, Ezhen Corporation (DBA Cheap Tool Rental)retains ownership of the Equipment regardless of any payments made by Customer or Customer’s insurance company with respect to such Equipment, all of which payments are non-refundable. Customer agrees to promptly return any Equipment that is recovered. Ezhen Corporation (DBA Cheap Tool Rental) shall be subrogated to Customer’s rights to recover against any person or entity relating to any loss, theft, damage or destruction to the Equipment. Customer shall cooperate with, assign Ezhen Corporation (DBA Cheap Tool Rental)all claims and proceeds arising from such loss, theft, damage or destruction, execute and deliver to Ezhen Corporation (DBA Cheap Tool Rental)whatever documents are required and take all other necessary steps to secure in Ezhen Corporation (DBA Cheap Tool Rental)such rights, at Customer’s expense.
- RENTAL RATES.The total charges specified in this Contract are: (a) estimated based upon Customer’s representation of the estimated Rental Period identified herein (rental rates beyond the estimated Rental Period may change) and other information conveyed by Customer to Ezhen Corporation (DBA Cheap Tool Rental); and (b) for the Equipment’s use for One Shift, unless otherwise noted. Weekly and 4 week rental rates shall not be prorated. Rental charges accrue during Saturdays, Sundays and holidays. The rental rates do not include and Customer is responsible for, (i) 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 more than One Shift use; (ii) delivery and pickup charges to and from the Store, including but not limited to any freight, transportation, delivery, pickup and surcharge fees listed in this Contract; (iii) maintenance, repairs and replacements to the Equipment as provided herein; (iv) a cleaning fee if required; (v) miscellaneous charges, such as fees for lost keys and PLW; (vi) fuel used during the Rental Period and for refueling Equipment as described below; (vii) fines for use of dyed diesel fuel in on-road Equipment; and (viii) a Environmental Fee and (ix) Transportation Surcharge . The convenience charge for off road diesel fuel does not include governmental motor fuel taxes or charges. Ezhen Corporation (DBA Cheap Tool Rental) collects these fees as revenue and uses them at its discretion.
- PAYMENT. Customer shall pay amounts due, without any offsets, in full at the time of rental, unless Ezhen Corporation (DBA Cheap Tool Rental) approves Customer’s executed credit application (credit customers must pay, upon receipt of Ezhen Corporation (DBA Cheap Tool Rental) invoice). Customer must notify Ezhen Corporation (DBA Cheap Tool Rental) in writing of any disputed amounts, including credit card charges, within 15 days after the receipt of the invoice/contract or Customer shall be deemed to have irrevocably waived its right to dispute such amounts. At Ezhen Corporation (DBA Cheap Tool Rental) discretion, any credit account with a delinquent balance may be placed on a cash basis, deposits may be required and the Equipment may be picked up without notice. Due to the difficulty in fixing actual damages caused by late payment, 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 paid in full. Customer shall pay a fee of $75 for each check returned for lack of sufficient funds to compensate Ezhen Corporation (DBA Cheap Tool Rental) for its overhead for processing missed payment. Deposits will only be returned after all amounts are paid in full. Customer agrees that if a credit card is presented to pay for charges or to guarantee payment, Customer authorizes Ezhen Corporation) to charge the credit card all amounts shown on this Contract and charges subsequently incurred by Customer, including but not limited to, loss of or damage to the Equipment and extension of the Rental Period.
- RETURN OF EQUIPMENT. Ezhen Corporation (DBA Cheap Tool Rental) may terminate this Contract at any time, for any reason. At the end of the Rental Period, the Equipment shall be returned to Ezhen Corporation (DBA Cheap Tool Rental) in the same condition it was received, less Ordinary Wear and Tear and free of any hazardous materials and contaminants. Customer will continue to be responsible for rental and other charges after the Rental Period if the Equipment is not returned in the condition required herein. If Ezhen Corporation (DBA Cheap Tool Rental) delivered the Equipment to Customer, Customer shall notify Ezhen Corporation (DBA Cheap Tool Rental) that the Equipment is ready to be picked up at the Site Address and obtain a Pick-Up Number, which Pick-Up Number Customer should keep as proof of the call; provided Customer remains liable for any loss, theft, damage to or destruction of the Equipment until Ezhen
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Corporation (DBA Cheap Tool Rental) confirms that the Equipment is returned in the condition required herein. Customer will not be charged the rental charges after the date the Pick-Up Number is given, provided Customer has otherwise complied with this Contract. No pickups occur on Sundays or statutory holidays and Saturday pickups are dependent on specific Store hours. If Customer picked up Equipment, Customer shall return Equipment to the same Store during that Store’s normal business hours. If the Equipment is not returned by the estimated end of the Rental Period specified earlier, Customer agrees to pay the applicable rental rate for the Equipment until the end of the Rental Period.
- PURCHASES. If this Contract identifies any Equipment, materials or other items that is to be purchased by Customer, Ezhen Corporation (DBA Cheap Tool Rental) sells and delivers such items to Customer on an “AS IS, WHERE IS” basis, with all faults and without any warranties (other than manufacturer warranties, if any) in consideration for Customer’s payment to Ezhen Corporationof the full purchase price of the item, Ezhen Corporation (DBA Cheap Tool Rental) retains title to the item until Customer has paid in full.
- DEFAULT. Customer shall be in default if Ezhen Corporation (DBA Cheap Tool Rental) 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 Ezhen Corporation (DBA Cheap Tool Rental) demand; or (f) is in default under any other contract with Ezhen Corporation (DBA Cheap Tool Rental). If a Customer default occurs, Ezhen Corporation (DBA Cheap Tool Rental) 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 Ezhen Corporation (DBA Cheap Tool Rental) 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 Period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to applicable laws. Ezhen Corporation (DBA Cheap Tool Rental) shall not be liable due to seizure of Equipment by order of governmental authority. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST Ezhen Corporation (DBA Cheap Tool Rental) ENTITIES FOR SUCH REPOSSESSION.
- ENVIRONMENTAL FEE. To promote a clean and sustainable environment, Ezhen Corporation (DBA Cheap Tool Rental) takes various measures to comply with applicable environmental regulations, as well as with Ezhen Corporation (DBA Cheap Tool Rental) own policies. Ezhen Corporation (DBA Cheap Tool Rental) also incurs a wide range of environmental related expenses (both direct and indirect). These expenses may include services such as waste disposal, construction and maintenance of cleaning facilities, acquisition of more fuel-efficient equipment, as well as, labor costs, administration costs, etc. To help defray these and other costs, Ezhen Corporation (DBA Cheap Tool Rental) assesses an Environmental Fee, plus applicable taxes thereon in connection with certain rentals. The Environmental Fee is not a tax or governmentally mandated charge, and is not designated for any particular use or placed in an escrow account, but is a charge that Ezhen Corporation (DBA Cheap Tool Rental) collects as revenue and uses at its discretion.
- FUEL. For Equipment that uses fuel, Customer has three options: (a) Prepay Fuel Option - Customer may purchase a full tank of fuel for the Equipment at the start of the rental, in which case a “convenience charge” will appear on this Contract (calculated by multiplying the estimated fuel capacity of Equipment by the Prepay per gallon rate). As an added benefit, Customer may return the Equipment full of fuel and the convenience charge will be refunded (however, if not returned full, Customer will not obtain any credit for fuel left in the Equipment upon return); (b) Pay on Return Option - if Customer returns Equipment with less fuel than when received, Customer shall pay a refueling charge (calculated by multiplying gallons required to refill tank with fuel to level when received, by the Pay on Return per gallon rate); and (c) Return Full Option – if Customer returns the Equipment with at least as much fuel as when it was received (most Ezhen Corporation (DBA Cheap Tool Rental) Equipment comes with a full tank of fuel, but not all), no fuel charge will be assessed. The cost of Customer refueling Equipment itself will generally be lower than the Prepay Fuel Option or the Pay on Return Option; however these options each allow for the convenience of not refueling. Rate $11/gal
- LIMITATION OF Ezhen Corporation (DBA Cheap Tool Rental) LIABILITY. IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, CUSTOMER AGREES THAT Ezhen Corporation (DBA Cheap Tool Rental) LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM Ezhen Corporation (DBA Cheap Tool Rental), 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.
- JURY TRIAL WAIVER. IN ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS CONTRACT, CUSTOMER AND Ezhen Corporation (DBA Cheap Tool Rental) HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT.
- ARBITRATION AGREEMENT & CLASS ACTION WAIVER. AT THE ELECTION OF CUSTOMER OR Ezhen Corporation (DBA Cheap Tool Rental) , ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY PERTAINING TO THIS CONTRACT 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.
- COMPLIANCE WITH EXPORT AND IMPORT LAWS. Removal of the Equipment from the United States (“U.S.”) is prohibited under this Contract. If Customer desires or causes the transport and/or operation of the Equipment outside of the U.S., Customer must (a) obtain Ezhen Corporation (DBA Cheap Tool Rental) consent prior to taking such action, and (b) execute an amendment to this Contract, which amendment is incorporated herein. If Customer exports or re-exports without complying with the above sentence, Customer agrees that (i) the Equipment is subject to and must comply with all applicable export laws, including but not limited to the Export Administration Regulations; and (ii) Customer is responsible for: (A) determining whether and obtaining if necessary, export or re-export licenses or other authorizations as required prior to exporting or re-exporting the Equipment, (B) obtaining any required documentation necessary for return of the Equipment, and (C) ensuring no unauthorized transfers or diversions of the Equipment occur. Refer to www.bis.doc.gov for information.
- GOVERNING LAW. The parties expressly and irrevocably agree: (a) this Contract, including any related tort claims, shall be governed by the laws of Ohio, 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.
- MISCELLANEOUS. This Contract, together with any Customer executed credit application, constitutes the entire agreement of the parties regarding the Equipment and may not be modified except by written amendment signed by the parties. 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 Ezhen Corporation (DBA Cheap Tool Rental) 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 Ezhen Corporation (DBA Cheap Tool Rental) 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 its terms.
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When Customer is a buyer of Equipment, they are hereby notified that Ezhen Corporation (DBA Cheap Tool Rental) has assigned its rights (but not its obligations) in the agreement to sell the asset(s) described herein to Ezhen Corporation (DBA Cheap Tool Rental) , a qualified intermediary, as part of Section 1031 exchange, and Customer shall make the payee Ezhen Corporation (DBA Cheap Tool Rental)
This Privacy Policy applies to information collected by or on behalf of Ezhen Corporation (DBA Cheap Tool Rental), and its affiliates and subsidiaries (collectively, “Ezhen Corporation (DBA Cheap Tool Rental)”, “we”, “us”, “our”), including, but not limited to, Personal Information collected through our websites at cheaptoolrental.com, ezhenliquidation.com and mobile versions of those websites (collectively, the “Site”), in store, by phone, our mobile application, and anywhere else we display this Privacy Policy (collectively with the Site, the “Platforms”). This Privacy Policy outlines the information we collect, how we use and share that information, and your rights and choices with regard to personal information we collect. Please be sure to read this entire Privacy Policy and our Terms and Conditions of Use before using or submitting information via the Platforms.
Collection of Information: “Personal Information” means information that directly identifies or can be used to identify you as an individual. When you visit or use any of the Platforms, or services we may collect your Personal Information. Some of this Personal Information is required in order to allow you to use all of the features of the Platforms (for example, in order to rent equipment, you will need to provide us with certain Personal Information). Other information is submitted by you voluntarily. For example, we may collect:
- Contact information such as your name, job title, address, email address, telephone number, including mobile number and fax number
- Identification or verification information such as driver’s license, date of birth and federal tax identification number
- Payment information such as your billing address and payment methods
- Banking information and Social Security Number if you use our credit services, as required to process your application
- Transaction history such as purchase information, order history, and product interests
- Communications information such as email messages, voice recordings, call transcripts and information that you share when you call our customer service line and SMS records and message content
- Feedback such as survey responses and comments you submit to us
- Browsing and device information using various technologies such as cookies, Internet tags and navigational data, such as the URL you just visited, the browser version your computer is operating, the date and time you visited, the pages you visited on the Site and your IP address. “Cookies” are tiny alphanumeric identifiers that are stored on your computer and allow us to adjust the Site to meet your personal browsing preferences. If your browser is set to refuse cookies, you may not have access to all areas or features of the Site.
- How We Collect Your Information: We may collect information directly from you, automatically via your use of the Platforms, or from third-party sources. You may provide information to us when you: request services and products through a Platform (such as through our Contact Us page or renting equipment); register an account with us; complete a survey; contact customer service; or complete a credit application. We may collect information automatically when you visit the Platforms. We may collect information via cookies or internet tags or analytics tools.
- How We Use Your Information: Gathering Personal Information about our customers allows us to serve you better. We may use your information to accomplish our business purposes including: for our everyday business purposes, such as to provide services to you, to extend credit to you, to market our products and services to you, to communicate with you, to maintain your account with us, and to administer our business (e.g., to secure or make improvements to the Platforms and prevent fraud).
We or our service providers may aggregate, evaluate and use browsing and device information to improve the Platforms and our business. We may use IP addresses or other browsing and device information to analyze trends, administer the Platforms, track customer navigation on a Platform and gather aggregated demographic information.
- How We Share Your Information:
- Business Transfers. As our business continues to evolve, we may wish to sell or buy subsidiaries or business units. In such transactions, customer information (including Personal Information) generally is one of the transferred business assets but remains subject to the terms of any pre-existing Privacy Policy.
- Compliance with Law. We may release Personal Information about you if we believe such a release is necessary to comply with the law or in response to a subpoena or subject to other legal process or as needed to protect our rights.
- Related Corporate Companies. We may share your Personal Information with companies related to us by common ownership or control for business purposes.
- Other Third Parties. We may also share your Personal Information with third parties with whom we have joint marketing arrangements to market other products and services to you.
- Protection of Your Information: To prevent unauthorized access to, maintain data accuracy and ensure the correct use of information, we have put in place commercially reasonable physical, electronic and managerial procedures to safeguard and secure the information we collect online. However, no security system is perfect, and we cannot guarantee that information you provide to us over the Internet will remain private. We also cannot guarantee that information you transmit to us over the Internet will not be intercepted.
- Third-Party Links: We may provide links on the Platforms to third-party websites we think may be of interest to you, including plug-ins that link to social media sites such as Facebook, Twitter, YouTube, LinkedIn, and Instagram. These websites are independent from Ezhen Corporation (DBA Cheap Tool Rental) and have their own separate privacy policies. Ezhen Corporation (DBA Cheap Tool Rental) is not responsible for the privacy practices or content of such third-party websites. Whenever you click on links on the Platforms that take you to a third-party website, you will be subject to the third party's privacy policies. We recommend that you review the third-parties’ privacy policies before you visit these websites.
- Children’s Privacy: The Platforms are not intended for use by children under the age of 13. We do not knowingly collect or solicit any personal information from children under the age of 13 or knowingly allow such persons to register for an online account. Should we learn that someone under the age of 13 has provided any personal information to or on the Platforms, we will remove that information as soon as possible.
- Opting Out of Promotional E-mails: If you decide for any reason that you no longer wish to receive e-mail information from us, you can unsubscribe from the Site’s e-mail distribution list by clicking the “unsubscribe” link located at the bottom of each promotional e-mail. You can also opt out of receiving promotional materials by updating your preferences in your account online, or by notifying us by mail, telephone or e-mail at the address and number : 5400 Brookpark Rd, Cleveland, OH 44129 440-297-4336 cheaptoolrent@gmail.com
Disclosure of Personal Information.
- We did not disclose or sell Personal Information to third parties for business or commercial purposes during the last 12 months
- We do not knowingly collect the personal information of minors under age 16 and do not sell such information.
While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Cheap Tool Rental reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
Changes to this Privacy Policy: The Internet is constantly changing, as is the nature of our Internet business operations, so we will reserve the right to change this Privacy Policy from time to time. You should check this Privacy Policy frequently to review the latest version of the Privacy Policy. If we make changes to this Privacy Policy, we will post the amended version on our Platforms and the effective date will be indicated by the last updated date. Your continued use of the Platforms indicates you agree to those updates.