Forklift Rental Reservation

FORKLIFT RENTAL AGREEMENT

This Forklift Rental Agreement (“Agreement”) is entered into between {company_name} (“Company”, “We”, “Us”) and {customer_name} / {customer_company} (“Customer”, “Renter”, “You”) on {rental_date}.
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EQUIPMENT RENTAL
Customer agrees to rent the following equipment from the Company:

Equipment Details:
{equipment_details}

Total Rental Amount: {total_price}
Deposit Amount: {deposit_amount}
Payment Type: {payment_type}
Order Number: {order_number}

The equipment shall remain the sole property of the Company at all times.

RENTAL PERIOD

Rental Duration: {duration_type}

DIGITAL CONFIRMATION: Email response from client or client representative as approved, accepted or any language which communicates that client wishes to accept rental equipment and providing payment shall be deemed as binding/agreeing to all terms in the rental agreement as if a signed. Client agrees to all terms in the rental agreement below.

RENTAL AGREEMENT: Throughout this agreement, the words "We", "Our", and "Us" refer to the Rentor indicated above and the words "You" and "Your" refer to the Rentee indicated above.

DAMAGE OF EQUIPMENT: We may charge You a reasonable fee to cover documentation and investigation costs. Acceptance of the Equipment occurs upon delivery. When You receive the Equipment, You agree to inspect it and verify by telephone, or in writing, such information as We may require.

RENTAL START & RENTAL END
Rental Start: The day the unit or product is taken or shipped from the rental facility, it will be considered an active chargeable rental. Transportation to and from the customer be it tow truck, tractor trailer, or any number of water bound vessels constitutes an active rental.

Rental End: All units or products called off rent (outside a 30 mile radius) will be considered active rentals until the unit or product is returned to our facility. Extended delays in returning units or product due to unforeseen circumstances excessive shipping delays, strikes, war, terrorist activities, and or natural disasters will be handled on a case by case basis.

NO WARRANTY: We are renting the Equipment to You AS IS. You acknowledge that We do not manufacture the Equipment and that You selected the Equipment and the manufacturer, based on Your own judgment. You may contact the manufacturer for a statement of the warranties, if any, that the manufacturer is providing. The warranties given to Us, if any, We hereby assign to You. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS AGREEMENT. You agree to continue making payments to Us under this Agreement, without setoffs, even if the Equipment does not work properly for any reason and regardless of any claims You assert against the manufacturer. You agree to settle any dispute You may have regarding performance or maintenance of the Equipment directly with the manufacturer of the Equipment.

EQUIPMENT LOCATION, CHARGES, USE AND REPAIR: You will not move the Equipment from its location noted in the Agreement without our prior written consent. You agree the Equipment will be used for business purposes only. Rental Agreement is based on the use of no more than 40 hours per business week with a 7% overage allowance. All rentals exceeding allowable rentals hours will be billed at a pro-rated rate of lowest billing rate (Week or Month) per hour over 40. Example (40hrs / Weekly Rate(x) number of hours) If you return the equipment at any time you will be charged for the duration of the rental at the daily, weekly, or monthly charge rate, including transportation fees. Rentals are not pro-rated. Example: If you agree to rent for 2 months at a monthly rate and turn the equipment in after 1 month and 2 weeks, you will be charged for 1 month and 2 weeks at our commercial rate. The 2 week rate will not be pro-rated at our monthly rate.

MINIMUM TIME LENGTH RENTALS: Rented equipment may have a minimum rental time/length associated with the rental agreement. This will be identified in the equipment and cost area as Minimum time equipment is to be rented. i.e. 6 months, 1 year, etc. If the customer turns equipment in before the minimum rental obligation is met, the customer is still responsible for paying the entire minimum time/length of the rental contract as well as any previously applied discounts; meaning the customer must repay all previous discounts on final bill. i.e. If you receive a $250.00 discount off per month for renting for 6 months and you rent for 4 months and turn in the equipment before 6 months is up, you have to repay the previously applied 4 months of discounts due to failure to meet full rental contract term.
SPECIAL RATES & DISCOUNTS: Special rates for extended rental periods are provided when you have satisfied the agreed length of the rental period. If you terminate the rental agreement before the agreed end date as per the contract, you will be charged our normal commercial rate for the rental time. You may also be back charged at our discretion for all discounts given, because of your failure to meet the terms of the original rental agreement.

FUEL: A fuel charge maybe applied to the final invoice. **** DO NOT USE ALTERNATIVE FUELS ON RENTAL EQUIPMENT, INCLUDING BIODIESEL AND HEATEING OILS****** Use manufacturer recommended fuel only.

EQUIPMENT CONDITION AND SAFE USE: All operators must read operators manual before operating equipment. Operators are responsible for conducting daily operator's maintenance check per equipment manual before operation and maintaining a daily operator's log. If you do not have one you can request one from ALL PRO for a fee. You are responsible for keeping the Equipment in good repair, condition and working order, except for normal wear and tear. Normal wear and tear includes items that will be worn out after thousands of hours of use. Wear and tear does not include damage to structures, body panels, hoses, cuts in tire side walls, loss of more than 10% tire tread, damage to seat cushions, damage to load back rests, damage to forks and fork tips, overhead guards, light brackets, or anything that would significantly alter body appears or safety to future customers, including excessive blood, salt water, fish scale, etc. Running an engine without fluids is not wear and tear, i.e. lack of coolant, oil, transmission fluid, hydraulic fluid. Do not top off any fluids without written permission from ALL PRO. If equipment should fail or experience a mechanical deficiency at any time, you are responsible for parking, safety tagging the equipment, and contacting us immediately for repair. Failure to do so makes you solely responsible for all damage, cost to repair, and safety failures that may result in injury or worse if you continue to use the equipment. You are responsible to protect the Equipment from damage and will continue to make payments if any damage or loss occurs. All equipment rented 40 road miles from All PRO dealership will be charged travel time, labor, parts and all associated cost for routine maintenance and emergency repairs regardless of failure type. If you damage the equipment while it is in your possession, you will be responsible for all repair costs at our normal labor rate including but not limited to technicians travel, airfare, hotel, per diem, labor to troubleshoot, diagnosis, and repair; as well as repair parts, shipping, transportation of unit, and associated repair costs. You agree to satisfy these costs immediately upon being provided with an estimate or completion of repair by us. If equipment damage is extensive enough a claim may be filed against your insurance. You will indemnify Us against any losses or damages caused by the installation or use of the Equipment, or from any other kind of loss while You have the Equipment.

If you are renting a Toyota Forklift, please be advised that the U.S. Environmental Protection Agency (EPA) is reviewing prior emissions certifications related to the engine powering LSI forklifts from 2007 - 2020 including the testing, reporting, and recordkeeping practices of Toyota Material Handling, Inc. (TMH) and its parent company. This review may result in the EPA voiding the certificate that originally authorized TMH to sell this engine in the U.S. As a result, you should not rely on the emissions label affixed to the engine or the existence of a previously issued emissions certificate for the engine.

(1) You have been informed by TMH and its dealer that the EPA may void the emissions certificate previously issued to TMH for the engine powering this forklift truck.

(2) Your participation in this transaction is not based on any type of representation made by TMH or its dealer that the engine powering this forklift truck is certified by the EPA or meets applicable U.S. emissions requirements, and you are not relying on any such representations in making your purchase, lease, or rental decision.

CONTINUED USE AND RATES: Should you fail to return the Equipment at the end of the Agreement term; you agree to automatically renew the Agreement despite written notification from You to the contrary.

OWNERSHIP, TITLE AND UCC's: We are the owner of the Equipment and have title to it. You authorize Us to record UCC financing statements and appoint Us as attorney-in-fact to execute on your behalf any financing statements to show our interest in the Equipment.

LOSS AND INSURANCE: You are responsible for any losses or damage to the Equipment. You will keep the Equipment fully insured against loss and will obtain a general public liability insurance policy, covering the Equipment and its use. You will name Us as an additional insured and provide Us with evidence of insurance. If You do not, We may obtain insurance for You and add such insurance costs to the payment amounts due from You.

TAXES: You agree that You will pay when due, either directly or by reimbursing Us, all taxes relating to this Agreement and the Equipment.

CREDIT CARD CHARGES: We may at our option, require a valid credit card to secure this rental agreement. It is your responsibility to keep such information current and you agree to update, in writing, your records immediately should any such information change during the course of this agreement. Should any invoice(s) become overdue, We reserve the right, without notice, to charge your credit card on file any and all amounts due including taxes and fees associated with said transaction. If and when We decide to take such action, you will be notified, either by telephone, fax, email, or mail, and a receipt shall be sent to you on request, to the address on file. All invoices must be paid on or before the marked due date and shall be considered overdue as of midnight on said due date. By signing this agreement, you agree to and authorize us to take such action to secure payment.

DEFAULT AND SECURITY DEPOSIT: If You do not pay any sum due within ten (10) days of its due date, or You break any of the terms of this Agreement, or any other agreement with Us, then You will be in default of this Agreement. If You default, We may require that You pay, discounted at the rate of 6% per annum, the remaining balance of this Agreement as well as any Equipment residual value booked by Us and return the Equipment to Us. We can use any and all remedies available to Us under the Uniform Commercial Code or any other law. You agree to pay all our costs and expenses, including attorney's fees, incurred by Us in any dispute arising from or related to this Agreement or the Equipment. You also agree to pay interest on all past due amounts, from the due date until paid, at the lower of one and one-half percent (1.5%) per month or the highest lawful rate. In the event of your default under this Agreement, We may apply your security deposits, if any, to your outstanding obligations. At the termination of this Agreement, if You have not defaulted, your security deposit will be refunded to You without interest. Your security deposit may be commingled with our other assets.

ON GOING BILLING: By signing the rental agreement I agree to accept all future billing statements for the rental unit under the terms of this rental agreement. And to abide by all billing and payment requirements designated by All Pro Alaska, Inc.

ASSIGNMENT: You have no right to sell, transfer, assign or sublease the Equipment or this Agreement. We may sell, assign or transfer this Agreement or our rights in the Equipment. You agree that if We sell, assign or transfer this Agreement, the new owner will have the same rights and benefits We have now. You agree that the rights of the new owner will not be subject to any claim, defense or setoff that You may have against Us.

LATE FEES / COLLECTION COSTS: If any monthly rental payment or other amount payable to Us is not paid when due, You agree to pay Us a "late charge" equal to the greater of ten (10) cents for each dollar overdue or twenty-five dollars ($25.00) in order to defray part of the collection costs.

WAIVER OF ARTICLE 2A RIGHTS AND REMEDIES: You agree that this Agreement is a finance agreement as that term is defined in Article 2A of the Uniform Commercial Code ("UCC"). You hereby agree to waive any and all rights and remedies granted to You by Sections 2A-508 through 2A-522 of the UCC, including the right to revoke acceptance of the Equipment.

MISCELLANEOUS: You agree that this Agreement sets forth the entire agreement between You and Us regarding the rental of the Equipment and any change must be in writing and signed by each party. All of our rights and indemnities will survive the termination of this Agreement. We may accept a facsimile copy of this Agreement and You agree that a facsimile copy will be treated as an original and will be admissible as evidence of this Agreement. If this Agreement is assigned, You agree that any dispute arising under or related to the Agreement will be adjudicated in the federal or state court where the assignee's corporate headquarters is located and will be governed by the law of that state. You hereby consent to personal jurisdiction and venue in that court and waive any right to transfer venue. Each party waives any right to a trial by jury.

(Z) OPERATOR QUALIFICATION/CERTIFICATION: You must insure only trained and currently certified operators will use the equipment. All operators must meet the requirements outlined in OSHA 29 CFR 1910.178, Para (L), dated 12-1-98, as well as all other federal, state, and local regulations and may not use the equipment if not properly certified. If your operators are in need of safety training, We offer this service as an additional fee. Please contact our training department at 907-338-5438.

Customer agrees to the terms and conditions above. Customer acknowledges that they are in compliance with paragraph (Z) above and if not that they will call us to request forklift training as mandated in OSHA 29 CFR 1910.178, Para (L), dated 1-2026 or most current date. Customer accepts all legal responsibility for damage or injury incurred due to non-compliance.

*** Rental Forks, Fork Extensions, and Attachments ***
A. Both the rentee company, their employees or contractors must be trained to use all attachments provided. If not trained don't use.
B. Always make sure forks, extensions, and attachments are secure against the equipment's carriage or load backrest.
C. Never lift with just the tips of extensions or forks which can bend them and cause loss of load or damage to the extensions and forks.
D. Never with just one extension or fork for same reason as item C above.
E. Never used a damaged or unsecured attachments, forks, extension, or attachment.
F. Inspecting equipment for safety, security, and performance is the responsibility of the operator and should be done every time equipment is used regardless of the length of a break or rest.
G. All operators must be OSHA certified to use for forklifts or aerial equipment all rented attachments.

Customer Name:
{customer_name}

Company Name:
{customer_company}

Rental Date:
{rental_date}

Order Number:
{order_number}

COMPANY INFORMATION

{company_name}

Authorized Representative: ___________________________

Date: ___________________________


PAYMENT AUTHORIZATION

Payment Type: {payment_type}

Deposit Amount: {deposit_amount}

Total Amount Due: {total_price}

By submitting payment, Customer authorizes the Company to charge approved amounts related to this rental agreement, including damages, unpaid balances, late fees, transportation charges, and authorized service costs where applicable.
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