ANDI’S RENTALS LLC
DUMP TRAILER RENTAL AGREEMENT
This Dump Trailer Rental Agreement (“Agreement”) is entered into between Andi’s Rentals LLC, a Utah limited liability company (“Company,” “Owner,” “we,” “us,” or “our”), and the customer, renter, signer, or person accepting this Agreement (“Customer,” “Renter,” “you,” or “your”).
IMPORTANT — LEGALLY BINDING AGREEMENT
By signing this Agreement, clicking or selecting “I Agree,” completing a booking, paying an invoice, accepting delivery, picking up the trailer, taking possession of the trailer, towing or using the trailer, or authorizing another approved person to use the trailer, Customer acknowledges and agrees to be legally bound by this Agreement.
If Customer does not agree to these terms, Customer must not accept, possess, tow, or use the trailer.
1. EQUIPMENT COVERED
The trailer identified in the booking, invoice, rental order, quote, reservation confirmation, or equipment description associated with this Agreement is the equipment being rented.
This Agreement applies to the trailer and all equipment, accessories, and components supplied with it, including, when applicable:
Ramps
Rear gates and doors
Tarp and tarp system
Hydraulic system
Hydraulic battery
Jack
Coupler
Safety chains
Breakaway system
Electrical connections
Tires and wheels
Spare tire
Locks and keys
Straps
Tools
Pins
Remote controls
Accessories
Any other equipment supplied by Andi’s Rentals LLC
By accepting the trailer, Customer confirms that the rental equipment has been identified and accepted for this transaction.
2. RENTAL PERIOD AND RETURN
The rental period begins at the scheduled pickup or delivery time or when the trailer is released to Customer, whichever occurs first.
The rental period ends when the trailer has been:
Returned to the authorized return location;
Parked in the designated location;
Made accessible to Andi’s Rentals LLC;
Properly secured;
Returned with all keys, locks, accessories, and equipment;
Returned in accordance with the required return procedure; and
Reported as returned through the method instructed by Company.
Andi’s Rentals LLC may inspect the trailer after return and may assess documented charges for damage, excessive cleaning, prohibited materials, disposal, missing equipment, or other amounts authorized under this Agreement.
The rental period may continue if the trailer has not actually been returned, is inaccessible, is unsecured, is left at an unauthorized location, or the required return procedure has been materially incomplete.
Returning the trailer early does not entitle Customer to a refund unless Andi’s Rentals LLC agrees otherwise in writing.
Unless otherwise stated in the accepted booking, rental periods are charged in full rental increments.
3. LATE RETURNS AND EXTENSIONS
Customer must return the trailer by the scheduled return time.
A 30-minute grace period is provided.
If the trailer is more than 30 minutes late, Andi’s Rentals LLC may assess a $25 late fee.
If the trailer remains unreturned for more than three hours beyond the scheduled return time, Company may charge an additional daily rental rate for each started 24-hour period.
Customer may also be responsible for reasonable and documented recovery costs or losses resulting from a late return, including a lost subsequent reservation when directly caused by Customer’s failure to return the trailer as agreed.
Andi’s Rentals LLC will not collect duplicate compensation for the same loss.
Payment of a late fee does not give Customer permission to retain the trailer beyond the agreed rental period.
Any requested extension must be communicated to Company and approved before the scheduled return time.
An extension is not valid until confirmed by Andi’s Rentals LLC in writing or through the booking system and any required additional payment has been completed.
3A. CANCELLATION POLICY
Customer may cancel at least 48 hours before the scheduled pickup or delivery time for a full refund of rental charges paid. Cancellations made 24 to 48 hours before the scheduled pickup or delivery time receive a 50% refund. Cancellations made less than 24 hours before the scheduled rental time and no-shows are non-refundable. Andi’s Rentals LLC may make reasonable exceptions or accommodations at its discretion when Customer contacts Company about unusual circumstances.
4. PAYMENT AUTHORIZATION
Customer agrees to pay all amounts properly owed under this Agreement, the accepted booking, and the disclosed fee schedule, including applicable:
Rental charges
Deposits
Late fees
Delivery or pickup fees
Cleaning charges
Dumping and disposal charges
Damage charges
Repair expenses
Replacement expenses
Missing-equipment charges
Loss-of-use charges
Recovery expenses
Towing charges
Impound fees
Storage fees
Administrative charges
Other authorized charges resulting from Customer’s rental or breach of this Agreement
Customer authorizes Andi’s Rentals LLC to charge the payment method provided or kept on file for amounts properly owed under this Agreement, including charges identified after return and inspection.
Company may use photographs, video, inspection reports, GPS or telematics records, invoices, estimates, receipts, communications, booking records, and this Agreement to document a legitimate charge or respond to a payment or chargeback dispute.
Before or shortly after processing a post-rental charge, Company will provide an itemized explanation and, when reasonably available, supporting documentation.
Company will not knowingly collect twice for the same loss.
Applicable insurance proceeds, third-party payments, salvage proceeds, refunds, or reductions in actual repair costs received for the same loss will be credited where appropriate.
5. SECURITY AUTHORIZATION AND CARD ON FILE
Customer authorizes Andi’s Rentals LLC to securely save the payment card with Square for the purposes disclosed in this Agreement. A separate $300 temporary security authorization may be placed shortly before the rental. The authorization is not an additional rental fee and is not included in the rental payment.
Following return and inspection, Company will normally release the authorization when no additional amount is legitimately due. If an amount is properly due under this Agreement, Company may capture up to the amount legitimately owed from the authorization and release the remainder, subject to card-network and payment-processor timing.
The amount of any deposit does not limit Customer’s financial responsibility.
Customer remains responsible for the full amount of legitimate damage, loss, replacement cost, fees, or other amounts owed under this Agreement even when those amounts exceed the security deposit.
Company will normally inspect the trailer within one business day following return.
Any undisputed refundable portion of the security deposit will normally be released within three to five business days following inspection.
Processing time after release is controlled by the Customer’s financial institution or payment processor and is outside Andi’s Rentals LLC’s control.
If additional time is reasonably necessary to obtain a repair, towing, cleaning, disposal, or replacement estimate, Company may temporarily retain the reasonably disputed portion of the deposit while the matter is evaluated.
5A. DELIVERED TRAILER PLACEMENT AND SECURITY
For You Fill It. We Dump It. service, Customer must identify a reasonably level, firm, accessible placement location with adequate clearance for safe delivery and pickup. Andi’s Rentals LLC may select an alternate safe location or decline placement if the requested location cannot be safely accessed. Company provides a high-security trailer lock for delivered trailers. Customer agrees to keep the trailer locked whenever unattended, keep the lock with the trailer, and return it at pickup. Customer is responsible for reasonable replacement cost if the lock is lost, missing, or damaged.
6. AGE AND IDENTIFICATION REQUIREMENTS
Customer must be at least 21 years old and must provide a valid United States driver’s license before the trailer will be released.
Customer represents that Customer:
Is legally permitted to drive;
Has supplied accurate identification;
Meets the minimum rental age;
Is capable of safely towing the trailer; and
Is legally and physically capable of loading, unloading, dumping, parking, operating, and returning the trailer.
No minor may rent, tow, operate, possess, or control the trailer.
Every additional person who will tow or operate the trailer must be approved as an Authorized Driver and satisfy Company’s age, license, and insurance requirements.
Customer may not permit an unauthorized person to tow or operate the trailer.
Customer remains responsible for the acts and omissions of all Authorized Drivers and anyone Customer permits to access or use the trailer.
7. INSURANCE REQUIREMENTS
Customer must provide proof of active automobile insurance before the trailer is released.
Customer represents that the applicable insurance remains active throughout the rental period and that Customer has confirmed the coverage necessary for towing and use of the rented trailer.
Customer must maintain automobile liability insurance with minimum limits of:
$100,000 per person / $300,000 per occurrence, together with sufficient property-damage coverage.
Customer is responsible for confirming directly with Customer’s insurance carrier whether the policy provides coverage for:
Towing a rented trailer;
Liability arising from use of the trailer;
Damage to the rented trailer;
Theft;
Collision;
Property damage;
Bodily injury; and
Other losses arising from the rental.
Andi’s Rentals LLC’s review or acceptance of an insurance card does not constitute a representation or guarantee that Customer’s insurance will cover a particular accident, loss, or claim.
Customer is responsible for all applicable deductibles, exclusions, denied claims, uncovered losses, and amounts exceeding policy limits.
Unless otherwise required by applicable law or expressly agreed in writing, Andi’s Rentals LLC does not provide insurance for Customer, Customer’s tow vehicle, cargo, materials, passengers, workers, third parties, or surrounding property.
Failure to maintain required insurance is a material breach of this Agreement.
8. TOW VEHICLE AND TOWING EQUIPMENT
Customer is solely responsible for using a tow vehicle and towing equipment properly rated for the trailer and anticipated load.
Customer represents that the following are properly rated, compatible, operational, and legal:
Tow vehicle
Receiver
Hitch
Hitch ball
Brake controller
Electrical connection
Safety chains
Mirrors
Tires
Tow-vehicle brakes
All other towing equipment
Customer must verify the trailer connection and safety equipment before moving the trailer.
This includes checking the:
Coupler
Coupler lock
Safety chains
Breakaway cable
Electrical connection
Running lights
Brake lights
Turn signals
Trailer brakes
Tires
Wheels
Ramps
Gates
Doors
Tarp
Load
Load securement
Improper hookup, knowingly unsafe towing, or failure to perform reasonable safety checks constitutes misuse of the equipment.
Any citation, accident, impoundment, towing charge, roadside-assistance expense, weight violation, CDL issue, or other legal violation arising from Customer’s tow vehicle, load, route, towing configuration, or operation is Customer’s sole responsibility.
Andi’s Rentals LLC may refuse to release the trailer if Company reasonably believes the towing vehicle or towing setup is unsafe, incompatible, inadequately rated, or unlawful.
9. COMPLIANCE WITH LAW
Customer must comply with all applicable federal, Utah, local, and other applicable laws, regulations, ordinances, and rules relating to:
Towing
Trailer brakes
Safety chains
Load securement
Weight restrictions
Driver licensing
CDL requirements
Road restrictions
Parking
Dumping
Disposal
Hazardous materials
Transportation
Vehicle operation
Customer is responsible for determining whether Customer’s vehicle, driver’s license, towing equipment, route, load, destination, and intended use are lawful.
10. LOAD LIMITS AND LOAD SECUREMENT
Customer shall never exceed any applicable:
Gross Vehicle Weight Rating (GVWR)
Payload rating
Axle rating
Tire rating
Wheel rating
Tongue-weight limit
Coupler rating
Hitch rating
Tow-vehicle rating
Posted equipment limitation
ANDI’S RENTALS LLC MAXIMUM LOAD LIMIT
Regardless of any higher manufacturer-rated payload capacity, Customer shall not load more than 10,000 pounds of cargo, materials, debris, equipment, or other contents into or onto the trailer. The 10,000-pound limit is the maximum load permitted by Andi’s Rentals LLC and may not be exceeded under any circumstances. A lower limit applies whenever required by the trailer’s GVWR, axle ratings, tire or wheel ratings, towing equipment, tow vehicle, applicable law, or other equipment limitation.
Customer understands that the trailer may reach its allowable weight before appearing full, particularly when hauling heavy materials including dirt, rock, gravel, concrete, brick, or similar materials. Customer is responsible for determining the actual weight of the load and ensuring the 10,000-pound maximum load limit and all other applicable weight limitations are not exceeded.
Customer is responsible for determining the actual weight of all cargo, debris, materials, equipment, and other items placed in or on the trailer.
Customer must properly distribute and secure every load.
Loads must not shift, spill, fall, leak, blow out, or otherwise create an unsafe condition.
Any material-weight chart, online calculator, verbal estimate, website information, or general guidance provided by Andi’s Rentals LLC is for general reference only and is not a guarantee of actual material weight.
Customer remains responsible for determining actual weight and maintaining a lawful and safe load.
Customer is responsible for damage, citations, fines, accidents, or other losses caused by overloading, improper loading, or inadequate load securement.
11. PROHIBITED MATERIALS
Unless Andi’s Rentals LLC specifically approves otherwise in writing, Customer may not place, transport, haul, store, or dispose of prohibited or hazardous materials in the trailer, including:
Hazardous waste
Illegal materials
Explosives
Flammable liquids
Gasoline
Diesel fuel
Oil
Propane
Chemicals
Toxic substances
Asbestos
Medical waste
Biohazardous materials
Sewage
Wet paint
Wet concrete
Asphalt
Contaminated soil
Batteries
Tires
Refrigerators or appliances containing refrigerant
Liquids
Any material prohibited by law
Any material prohibited by the receiving landfill or disposal facility
Any material specifically prohibited by Andi’s Rentals LLC
Customer is responsible for knowing the rules of the landfill, transfer station, recycling facility, or disposal location Customer intends to use.
Customer is responsible for fines, penalties, cleanup expenses, environmental charges, landfill rejection fees, disposal costs, administrative expenses, and damage resulting from prohibited materials placed in the trailer during Customer’s possession.
12. PROHIBITED USES
Customer may not:
Use the trailer for unlawful purposes;
Use the trailer recklessly;
Race or perform stunts with the trailer;
Tow another vehicle or trailer using the rented trailer;
Sublease or re-rent the trailer;
Lend the trailer to an unauthorized person;
Transfer possession to an unauthorized person;
Use the trailer for commercial hauling requiring licenses or permits Customer does not possess;
Operate the trailer on terrain unsuitable for the equipment;
Intentionally overload the trailer;
Use the trailer in a manner contrary to manufacturer limitations or Company instructions.
Customer may not modify, disable, remove, repair, alter, or tamper with any:
Brake system
Wiring
Breakaway system
GPS or telematics device
Hydraulic system
Battery
Jack
Coupler
Safety device
Ramp
Gate
Tarp system
Lock
Tracking device
Structural component
without prior authorization from Andi’s Rentals LLC.
Violation of this section constitutes a material breach.
13. DUMP TRAILER SAFETY AND OPERATION
Customer acknowledges that operating a dump trailer involves serious hazards.
These hazards include:
Trailer tip-over
Rollover
Tow-vehicle instability
Frame twisting
Hydraulic-system damage
Stuck or frozen loads
Falling materials
Property damage
Serious bodily injury
Death
Customer must dump only on stable, firm, and substantially level ground with sufficient surrounding and overhead clearance.
Customer must inspect the area before raising the dump bed.
Customer must immediately stop dumping if:
The load shifts unexpectedly;
Material sticks or hangs inside the trailer;
The trailer begins leaning;
The ground begins settling;
The tow vehicle or trailer moves unexpectedly;
The hydraulic system behaves abnormally; or
Any unsafe condition develops.
Customer shall not dump on soft, significantly sloped, muddy, icy, unstable, obstructed, or otherwise unsafe ground.
Customer shall not attempt to force, shake, jerk, drive, or otherwise manipulate a raised dump trailer to release a stuck load.
Damage resulting from improper or unsafe dumping constitutes misuse.
14. CONDITION AND INSPECTION
Customer is given the opportunity to inspect the trailer before taking possession.
Andi’s Rentals LLC represents that the trailer will be provided in roadworthy condition at the time of release.
Customer must immediately notify Company of any visible damage, missing equipment, malfunction, or unsafe condition before towing the trailer.
Company may photograph or record the trailer before release and following return to document its condition.
If Customer leaves the pickup location or accepts delivery without reporting an observable condition issue, Customer acknowledges that Customer had an opportunity to inspect the equipment and accepted its documented condition, subject to latent or undiscoverable defects.
15. CUSTOMER PICKUP INSPECTION AND SAFE HOOKUP
Before moving the trailer, Customer must complete a full walk around inspection of the trailer and all included equipment. Customer must verify that the trailer and supplied equipment appear suitable and safe.
Customer must inspect, as applicable:
Tires
Wheels
Lights
Coupler
Jack
Safety chains
Breakaway system
Electrical connection
Ramps
Gates
Doors
Tarp system
Locks
Tools
Accessories
Customer must immediately report damage, missing equipment, or safety concerns before departure.
Customer must use the correct-size and properly rated hitch ball, hitch, receiver, and towing vehicle.
The coupler must be fully seated on the hitch ball and properly latched and secured.
Safety chains must be crossed underneath the trailer tongue and attached to proper tow-vehicle attachment points.
The breakaway cable must be independently connected to the tow vehicle in a manner allowing the system to activate if the trailer separates.
Customer must verify that the electrical connection, running lights, brake lights, turn signals, and trailer brakes operate properly.
The jack must be fully raised before movement.
Doors, gates, ramps, tools, and loose equipment must be properly secured.
These procedures must be repeated whenever the trailer is disconnected and subsequently reconnected.
16. RETURN CONDITION
Customer must return the trailer:
Empty, unless otherwise expressly agreed;
Reasonably clean;
Free of loose debris;
Free of prohibited materials;
Free of hardened or stuck material;
With all supplied accessories and equipment; and
In substantially the same condition as received, ordinary wear and tear excepted.
Customer authorizes Andi’s Rentals LLC to assess reasonable charges for cleaning, dumping, disposal, labor, landfill expenses, and removal of hardened or stuck materials when caused during Customer’s rental.
17. CUSTOMER RETURN AND DROP-OFF PROCEDURE
Unless Company provides different written instructions, Customer must return the trailer to the designated Andi’s Rentals LLC return location and parking position.
The trailer must not block:
Roadways
Traffic
Driveways
Neighboring property
Other rental equipment
Required access areas
Before leaving, Customer must perform a final walkaround and confirm that the trailer is:
Properly parked;
Empty as required;
Reasonably clean;
Safely disconnected;
Secured;
Locked as instructed.
All keys, locks, pins, ramps, straps, tools, tarp equipment, and accessories must be returned to their designated locations.
If a keybox is provided, keys must be placed inside and the keybox secured as instructed.
Customer must complete any required photographs, check-in procedure, text notification, online return process, or other reasonable return instructions supplied by Company.
Leaving the trailer unsecured, inaccessible, in an unauthorized location, without required keys, or otherwise materially failing to complete the return procedure may constitute an incomplete return.
Customer is responsible for losses or reasonable charges directly resulting from an incomplete or improper return.
18. DAMAGE, THEFT, LOSS, AND TOTAL LOSS
Customer is responsible for loss, theft, or damage occurring while the trailer is in Customer’s possession or control except to the extent caused by:
Ordinary wear and tear;
A preexisting condition;
A latent defect; or
Conduct of Andi’s Rentals LLC for which liability cannot lawfully be transferred to Customer.
Customer is responsible for damage caused by:
Misuse
Overloading
Improper towing
Improper hookup
Improper loading
Unsafe dumping
Prohibited materials
Unauthorized use
Failure to secure the trailer
Violation of law
Material breach of this Agreement
Customer’s responsibility may include damage to:
Tires
Wheels
Axles
Brakes
Suspension
Frame
Undercarriage
Hydraulic equipment
Electrical equipment
Battery
Tarp
Ramps
Gates
Coupler
Jack
Breakaway system
Locks
Tools
Accessories
If the trailer is stolen, destroyed, not returned, or determined to be a total loss, Customer is responsible under this Agreement, Customer is responsible and must pay the full replacement value of the trailer and all associated equipment.
If a replacement value is stated in the booking or rental documents, that amount may be used.
Otherwise, replacement value will be based on the reasonable cost of obtaining comparable replacement equipment, including applicable taxes, title, registration, accessories, and reasonable delivery expenses.
No duplicate recovery will be collected for the same loss.
19. SECURITY AND STORAGE
Customer is responsible for reasonably securing the trailer throughout the rental period.
Customer must:
Park legally;
Park in reasonably secure locations;
Use supplied locks when appropriate;
Take reasonable precautions against theft;
Avoid leaving the trailer in obviously unsafe locations.
Customer is responsible for theft, vandalism, towing, impoundment, storage, and resulting damage occurring during the rental period to the extent provided by this Agreement.
20. ACCIDENTS, DAMAGE, AND INCIDENT REPORTING
Customer must notify Andi’s Rentals LLC as soon as reasonably possible following any:
Accident
Collision
Damage
Theft
Attempted theft
Rollover
Tip-over
Impoundment
Citation involving the trailer
Mechanical problem
Lost equipment
Unsafe condition
Significant incident
Customer must contact law enforcement when appropriate or legally required.
Customer must reasonably cooperate with Company and provide available:
Photographs
Video
Insurance information
Police reports
Witness information
Driver information
Accident details
Other documentation reasonably necessary to investigate the incident
Failure to promptly report an incident may constitute a material breach when that failure materially prejudices Company’s ability to investigate or mitigate the loss.
21. LOSS OF USE
If the trailer cannot reasonably be rented because of damage, theft, impoundment, nonreturn, misuse, or another breach for which Customer is responsible, Andi’s Rentals LLC may seek reasonable loss-of-use damages.
Loss of use may be calculated using the standard daily rental rate for the reasonable period necessary to inspect, recover, repair, or replace the trailer.
Loss-of-use charges will not include unreasonable delays caused solely by Company and will not duplicate another recovery for the same loss.
22. MITIGATION AND NO DUPLICATE RECOVERY
Andi’s Rentals LLC will take commercially reasonable steps to mitigate recoverable losses.
Company will not recover more than once for the same damage or loss.
Applicable insurance proceeds, salvage value, third-party payments, refunds, or other recoveries received for the same loss will be credited as appropriate.
23. RETRIEVAL AND RECOVERY
Andi’s Rentals LLC may take lawful steps to recover its trailer if:
The trailer is not returned as agreed;
The rental has been lawfully terminated;
Customer materially breaches this Agreement; or
Company reasonably believes the trailer is in immediate danger of substantial loss or damage.
Company will not use unlawful force, breach the peace, or unlawfully enter an occupied residence or enclosed structure.
To the extent legally permitted, Customer authorizes Company to enter the designated pickup, delivery, return, storage, or job-site location for the limited purpose of retrieving Company-owned property.
Customer may be responsible for reasonable recovery costs resulting from Customer’s material breach or failure to return the trailer.
24. GPS, TELEMATICS, TRACKING, AND VIDEO
Customer acknowledges and consents that the trailer may contain GPS, telematics, location, or recovery equipment.
Andi’s Rentals LLC may use such information for legitimate business purposes, including:
Theft prevention
Equipment recovery
Location verification
Pickup time verification
Return time verification
Investigating accidents or damage
Supporting legitimate billing disputes
Supporting insurance claims
Protecting Company property
Company pickup, storage, and return areas may also be monitored by security cameras or video-recording systems for security, equipment-condition documentation, and dispute resolution.
Customer may not disable, remove, obstruct, alter, or tamper with tracking or security equipment.
25. DAMAGE WAIVER
If Andi’s Rentals LLC offers an optional damage waiver and Customer purchases it, the waiver applies only according to the written terms provided with that waiver.
A damage waiver is not insurance.
Unless specifically stated otherwise in the written waiver, it does not cover losses resulting from:
Overloading
Reckless conduct
Intentional damage
Improper towing
Unauthorized drivers
Rollover
Tip-over
Prohibited materials
Off-road misuse
Theft resulting from failure to take reasonable security precautions
Missing equipment
Cleaning
Disposal
Third-party claims
Bodily injury
Damage to third-party property
Material violation of this Agreement
If no damage waiver is offered or purchased, Customer’s responsibility remains governed by this Agreement and applicable law.
26. ASSUMPTION OF RISK
Customer understands that towing, loading, unloading, dumping, hauling, parking, storing, and operating a trailer involves inherent risks.
These risks include:
Vehicle damage
Trailer damage
Cargo loss
Property damage
Collision
Trailer separation
Load shift
Tip-over
Rollover
Bodily injury
Serious injury
Death
Customer voluntarily assumes the inherent risks associated with Customer’s possession and use of the trailer, subject to limitations imposed by applicable law.
27. RELEASE OF CERTAIN CLAIMS
CUSTOMER UNDERSTANDS THAT THIS SECTION MAY AFFECT CUSTOMER’S LEGAL RIGHTS.
To the fullest extent permitted by Utah law, Customer releases Andi’s Rentals LLC and its members, managers, employees, agents, and contractors from claims arising from the inherent risks associated with towing, loading, unloading, dumping, hauling, parking, storing, and using the trailer, including claims arising from Company’s ordinary negligence to the extent such claims may lawfully be released.
This release does not apply to gross negligence, reckless conduct, willful misconduct, fraud, violation of a nonwaivable legal duty, or any liability that Utah law does not permit to be waived or released.
28. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Andi’s Rentals LLC shall not be responsible for indirect, incidental, special, or consequential damages arising from Customer’s rental, including:
Lost profits
Lost business
Project delays
Downtime
Substitute-equipment costs
Loss of use of Customer property
Injury
Property Damage
Loss
except to the extent liability cannot legally be limited or results from conduct for which Utah law prohibits limitation.
Nothing in this Agreement limits liability that cannot lawfully be limited.
29. INDEMNIFICATION
To the fullest extent permitted by law, Customer agrees to defend, indemnify, and hold harmless Andi’s Rentals LLC and its members, managers, employees, agents, contractors, and affiliates from claims, demands, damages, liabilities, losses, fines, penalties, reasonable attorney fees, and expenses arising out of or related to:
Customer’s possession or use of the trailer;
Customer’s towing of the trailer;
Customer’s loading or unloading;
Customer’s dumping activities;
Customer’s storage of the trailer;
Customer’s return of the trailer;
Customer’s material breach of this Agreement;
Customer’s negligence or misconduct;
Acts or omissions of persons Customer allows to use or access the trailer; or
Claims by third parties resulting from Customer’s use or possession of the trailer.
This indemnification does not apply to the extent a claim is caused by Andi’s Rentals LLC’s gross negligence, willful misconduct, or other conduct for which indemnification cannot legally be required.
30. DISCLAIMER OF IMPLIED WARRANTIES
Except for Andi’s Rentals LLC’s obligation to provide the trailer in roadworthy condition when released:
THE TRAILER IS RENTED “AS IS” AND “WITH ALL FAULTS” TO THE FULLEST EXTENT PERMITTED BY LAW.
To the fullest extent permitted by applicable law, Company disclaims implied warranties of merchantability and fitness for a particular purpose.
Andi’s Rentals LLC does not guarantee that a particular trailer is suitable for Customer’s:
Tow vehicle
Project
Material
Load
Route
Jobsite
Disposal location
Intended purpose
Customer is responsible for determining whether the trailer is appropriate, properly rated, lawful, and safe for Customer’s intended use.
Nothing in this section releases Company from liability for fraudulently concealed known defects or other liability that cannot legally be disclaimed.
31. RIGHT TO REFUSE SERVICE OR TERMINATE RENTAL
Andi’s Rentals LLC may refuse to release the trailer, cancel a rental, terminate a rental, or lawfully recover the trailer when Company reasonably believes Customer:
Is uninsured;
Is underage;
Does not possess a valid license;
Is impaired;
Has provided materially false information;
Is using an unsafe tow vehicle;
Is attempting an unsafe hookup;
Is substantially overloading the trailer;
Is allowing unauthorized use;
Is placing Company property at substantial risk;
Is violating applicable law; or
Is materially violating this Agreement.
Customer remains responsible for legitimate charges, damage, recovery expenses, and other amounts owed under this Agreement to the extent permitted by law.
32. EQUIPMENT SUBSTITUTION
Andi’s Rentals LLC may substitute reasonably comparable equipment if the reserved equipment becomes unavailable because of:
Maintenance
Mechanical problems
Safety concerns
Scheduling conflicts
Damage
Availability
Other legitimate operational reasons
Any substituted equipment will be of reasonably comparable general purpose and capacity whenever practical.
If Company cannot provide suitable replacement equipment, Customer’s remedy will be a refund of rental fees paid for the rental period that Company could not fulfill.
33. FORCE MAJEURE
Andi’s Rentals LLC is not responsible for delay, cancellation, or inability to perform caused by circumstances reasonably beyond Company’s control, including:
Severe weather
Natural disasters
Road closures
Accidents
Mechanical breakdowns not reasonably preventable
Government action
Emergencies
Labor or supply shortages
Acts of God
Other comparable events beyond Company’s reasonable control
Company will make commercially reasonable efforts to communicate with Customer and mitigate disruption.
34. BUSINESS RENTERS
If Customer rents the trailer on behalf of a business, employer, organization, partnership, corporation, LLC, or other entity, Customer represents that Customer has authority to enter into this Agreement on behalf of that entity.
To the extent permitted by law and reflected in the booking, Customer and the renting entity may be jointly and severally responsible for obligations arising under this Agreement.
35. INFORMAL DISPUTE RESOLUTION
Before initiating litigation, a chargeback, or another formal payment dispute, Customer agrees to make a good-faith effort to contact Andi’s Rentals LLC and provide Company a reasonable opportunity to investigate and resolve the matter.
Nothing in this provision prevents either party from taking immediate lawful action when reasonably necessary to:
Recover property;
Prevent imminent loss;
Preserve legal rights;
Comply with a filing deadline; or
Seek emergency relief.
36. COLLECTION COSTS AND ATTORNEY FEES
In a legal action arising from enforcement of this Agreement, the prevailing party may recover reasonable attorney fees and allowable court costs to the extent permitted by Utah law.
Customer may also be responsible for reasonable and actually incurred collection, towing, storage, recovery, and repossession expenses caused by Customer’s uncured payment default, failure to return the trailer, or other material breach of this Agreement.
37. GOVERNING LAW AND VENUE
This Agreement is governed by the laws of the State of Utah, without regard to conflict-of-law principles.
To the extent permitted by law, any legal action arising from or relating to this Agreement, the rental transaction, payment, damage, or possession or use of the trailer shall be brought in a court of competent jurisdiction located in Utah County, Utah.
Customer consents to personal jurisdiction in Utah County, Utah, except where applicable law requires otherwise.
38. SEVERABILITY
If any portion of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
Any invalid provision shall be limited or modified only to the minimum extent necessary to make it enforceable when permitted by law.
39. ENTIRE AGREEMENT
This Agreement, together with the accepted:
Booking
Invoice
Rental order
Fee schedule
Equipment description
Inspection documentation
Written addenda
constitutes the entire agreement between Customer and Andi’s Rentals LLC concerning the rental.
It supersedes prior oral or written discussions, advertisements, social-media posts, text messages, emails, quotes, representations, or communications concerning the rental to the extent those communications conflict with this Agreement.
Any material modification must be agreed to in writing or electronically by Andi’s Rentals LLC and Customer.
40. ELECTRONIC CONSENT AND SIGNATURE
Customer agrees that the rental transaction may be conducted electronically.
Customer agrees that, to the fullest extent permitted by applicable law:
Electronic signatures;
Typed signatures;
Click-to-accept approvals;
Electronic acceptance;
Electronic booking confirmations;
Electronic records; and
Other legally recognized electronic methods of consent
may constitute valid and binding acceptance of this Agreement.
Electronic records may be maintained by Andi’s Rentals LLC as evidence of the transaction and Customer’s acceptance.
41. CUSTOMER ACKNOWLEDGMENT
By signing this Agreement or electronically accepting it, Customer acknowledges and agrees that:
Customer has had an opportunity to read this Agreement before accepting the trailer.
Customer understands that this is a legally binding contract.
Customer has had an opportunity to ask questions regarding the rental.
Customer understands the towing, loading, dumping, weight, and safety requirements.
Customer accepts responsibility for using a properly rated tow vehicle and towing equipment.
Customer accepts responsibility for complying with applicable laws and load limits.
Customer understands the prohibited-material and prohibited-use requirements.
Customer understands the insurance requirements.
Customer understands Customer’s responsibility for damage, theft, loss, late return, and missing equipment as provided by this Agreement.
Customer acknowledges the assumption-of-risk, release, limitation-of-liability, and indemnification provisions contained in this Agreement.
Customer agrees to the GPS, telematics, and security provisions.
Customer agrees to the payment authorization contained in this Agreement.
Customer agrees to return the trailer according to Company’s required return procedure.
Customer acknowledges that the trailer identified in the booking, invoice, or rental order is the equipment covered by this Agreement.
CUSTOMER SIGNATURE AND FEE SCHEDULE ACKNOWLEDGMENT
Customer acknowledges receiving or having electronic access to Andi’s Rentals LLC’s applicable fee schedule before accepting this Agreement.
No material Company-imposed fee will be charged unless disclosed in this Agreement, the accepted booking, or the applicable fee schedule before the rental begins, except for reasonable third-party expenses or actual losses resulting from Customer’s actions or breach.
MAXIMUM LOAD ACKNOWLEDGMENT: Customer specifically acknowledges and agrees that the maximum permitted load is 10,000 pounds for Daily and Weekly customer-towed rentals and 7,500 pounds for You Fill It. We Dump It. service. A lower limit applies whenever required by the trailer, towing equipment, tow vehicle, applicable law, or another applicable equipment limitation.
OVERWEIGHT / OVERLOADING FEE: If the trailer is loaded above the applicable permitted load limit, Customer may be charged a $250 overweight fee, plus reasonable and documented additional landfill or scale charges, unloading costs, towing or recovery costs, equipment damage, repair costs, and other actual costs resulting from the overload. Andi’s Rentals LLC may refuse to transport, tow, or dump an overloaded trailer until sufficient material is removed to bring the trailer within the applicable permitted load limit. Customer is responsible for any resulting delay and for safely removing or arranging removal of excess material.
ACCEPTANCE
I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT IT CONTAINS IMPORTANT TERMS CONCERNING LIABILITY, ASSUMPTION OF RISK, DAMAGE RESPONSIBILITY, INSURANCE, INDEMNIFICATION, AND RELEASE OF CERTAIN CLAIMS.
Customer Signature: ___________________________________
Date: ______________________
Andi’s Rentals LLC Representative: _______________________
Date: ______________________
