DEFINITIONS. As used in the Quote and these Terms and Conditions, the following terms shall have the definitions set forth herein:
- “Authorized Individual” means the individual(s) or entity(ies) identified on the Quote.
- “Customer” means the individual or entity identified on the Quote that is seeking Services from LionHeart relating to the Equipment and any person or entity using the Equipment.
- “Equipment” means the generator identified on the Quote, which the Customer is renting from LionHeart.
- “LionHeart” means LionHeart Critical Power Specialists, Inc., an Illinois Corporation.
- “Party(ies)” shall mean LionHeart and Customer.
- “Quote” means the written document provided to the Customer describing the Equipment and the Services to be provided by LionHeart.
- “Rental Period” means the period for which the Customer rents the Equipment from LionHeart, as identified on the Quote.
- “Services” means the services to be provided by or on behalf of LionHeart as described in these Terms and Conditions and the Quote, including, but not limited to, the delivery of the Equipment.
- “Site Address” means the address where the Equipment will be delivered to and used as identified on the Quote.
ACCEPTANCE OF TERMS AND CONDITIONS. Customer’s acceptance or execution of the Quote or taking possession of the Equipment (whichever occurs first) shall be deemed acceptance of these Terms and Conditions. Customer rents the Equipment from LionHeart pursuant and subject to the Quote and these Terms and Conditions. Any act of Customer which is inconsistent with these Terms and Conditions shall be null and void ab initio.
PERMITTED USE. Customer acknowledges and agrees that the Equipment: (a) is and shall remain the personal property of LionHeart; and, (b) shall not be affixed to any other property. Customer shall not sell, rent, sub-lease, assign, pledge, hypothecate, or encumber the Equipment, or allow the Equipment to be sold, rented, sub-leased, assigned, pledged, hypothecated or encumbered in any manner. Risk of loss or damage and insurance responsibilities pass to the Customer upon delivery. Customer agrees and warrants that: (a) LionHeart has no control over the manner in which the Equipment is operated during the Rental Period by Customer; (b) within 24 hours after receipt of the Equipment, prior to each use, and prior to the return of the Equipment to LionHeart, Customer shall inspect the Equipment to confirm that the Equipment is in good condition, without defects, readable decals are on the Equipment, and the Equipment is suitable for Customer’s intended use. Customer’s failure to notify LionHeart of any claimed nonconformity or other objection before use and within the initial 24-hour period, shall deem the Equipment conforming, in good condition and repair, and accepted by Customer; (c) Customer has access to and reviews the operating and safety instructions and will operate the Equipment in a good and careful manner, in accordance with the manufacturer’s operating and safety instructions and with applicable safety equipment; (d) any apparent agent at the Site Address is authorized to accept delivery of the Equipment (and if Customer requests, Customer authorizes LionHeart to leave the Equipment at the Site Address without requirement of a written receipt); (e) Customer shall immediately stop use and notify LionHeart if the Equipment is damaged, unsafe, disabled, malfunctioning, warning lights come on, levied upon, threatened with seizure, lost, or if any incident occurs; (f) Customer has received from LionHeart all information requested regarding the operation of the Equipment; (g) LionHeart is not responsible for providing operator or other training unless Customer specifically requests in writing and LionHeart agrees in writing to provide such training (Customer being responsible to obtain all training that Customer desires prior to the Equipment’s use); (h) LionHeart is not responsible for Customer’s obligation to provide reasonable accommodation(s) to any (disabled) Authorized Individual(s); (i) only Authorized Individuals shall use and operate the Equipment, however Customer is responsible for the Equipment and its use during the Rental Period regardless of the user or operator; (j) the Equipment shall be used and maintained in a careful manner, within the Equipment’s capacity and in compliance with all applicable laws, regulations, as well as 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 and ADA, as revised; (k) the Equipment shall be kept in a secure location; (l) Customer shall provide LionHeart with accurate and complete information, which LionHeart relies upon to provide the appropriate Equipment to Customer; (m) Customer shall use the Equipment for the purpose for which it was designed and not for any other purpose; and, (n) the Equipment may be dangerous if used improperly or by untrained parties.
PROHIBITED USE. Customer shall not: (a) alter or cover up any decals or insignia on the Equipment, remove any operating or safety equipment or instructions ,or alter or tamper with the Equipment; (b) assign its rights under the Quote or these Terms and Conditions without prior written approval by LionHeart; (c) move the Equipment from the Site Address without LionHeart’s prior written consent; (d) use the Equipment in a negligent, illegal, unauthorized, or abusive manner; (e) publicize use of the Equipment in any manner (including, without limitation, print, audiovisual, or electronic); or, (f) allow the use of the Equipment by anyone other than Authorized Individuals.
MAINTENANCE. Customer shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, grease, cooling and fluid systems, batteries, tires, and cleaning in accordance with the manufacturer’s specifications, as applicable. Preventative maintenance service must be done every 250 run hours and must be completed by LionHeart, or, upon written authorization from LionHeart, or a LionHeart approved provider. All other maintenance or repairs may only be performed by LionHeart or its agents, but LionHeart has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call. If LionHeart, in its sole and absolute discretion, determines that repairs to the Equipment are needed ordinary wear and tear excepted, Customer shall pay the full repair charges, additional fees, if any, and rental of the Equipment until the repairs are completed or reimburse LionHeart for its actual out-of-pocket expenses incurred as a result of the repairs made. If Equipment is stolen or damaged, Customer shall be solely responsible for the replacement value of the Equipment, including sales tax, as applicable. In the event the Equipment is out of commission due to damage, repair, theft, or any other cause, LionHeart shall not be required to furnish Customer with comparable equipment during the Rental Period. LionHeart has the right to inspect the Equipment wherever located. Customer has the authority to and hereby grants LionHeart and its agents the right to enter the premises located at the Site Address for the purposes set forth herein. Customer agrees that repair or replacement of the Equipment is Customer’s exclusive remedy for LionHeart’s breach of this Section. Notwithstanding LionHeart’s service commitment, if Customer breaches these Terms and Conditions, LionHeart shall have no obligation 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, ASSUMPTION OF RISK. CUSTOMER IS FULLY AWARE AND ACKNOWLEDGES THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT. UPON DELIVERY OF THE EQUIPMENT TO CUSTOMER AND DURING THE RENTAL PERIOD, CUSTOMER SHALL BEAR THE ENTIRE RISK OF LOSS, DAMAGE, THEFT, OR DESTRUCTION OF THE EQUIPMENT OR ANY PART THEREOF, FROM ANY AND EVERY CAUSE WHATSOEVER, WHICH SHALL OCCUR PRIOR TO THE PROPER RETURN OF THE EQUIPMENT, AND NO SUCH LOSS, DAMAGE, THEFT, OR DESTRUCTION SHALL RELIEVE CUSTOMER OF ITS OBLIGATION TO PAY RENT OR TO COMPLY WITH ANY OTHER PROVISION OF THE QUOTE AND THESE TERMS AND CONDITIONS. CUSTOMER SHALL BEAR AND ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL, AND 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, REGARDLESS OF WHETHER OR NOT THE CUSTOMER IS AT FAULT. AFTER ANY INCIDENT INVOLVING THE EQUIPMENT, CUSTOMER SHALL (A) IMMEDIATELY NOTIFY LIONHEART, 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 LIONHEART OR ITS AGENTS ARE ABLE TO INVESTIGATE; (C) IMMEDIATELY SUBMIT COPIES OF ALL POLICE OR OTHER THIRD PARTY REPORTS TO LIONHEART; AND, (D) AS APPLICABLE, PAY LIONHEART, IN ADDITION TO OTHER SUMS DUE PURSUANT TO THE QUOTE OR THESE TERMS AND CONDITIONS, THE RENTAL RATE FOR EQUIPMENT UNTIL THE REPAIRS ARE COMPLETED OR EQUIPMENT REPLACED IN ADDITION TO EITHER (I) THE REPLACEMENT VALUE OR (II) THE FULL CHARGES OF RECOVERY AND REPAIRS OF THE DAMAGED EQUIPMENT. ACCRUED RENTAL CHARGES SHALL NOT BE APPLIED AGAINST THESE AMOUNTS. LIONHEART SHALL HAVE THE IMMEDIATE RIGHT, BUT NOT OBLIGATION, TO RECLAIM ANY EQUIPMENT INVOLVED IN ANY INCIDENT. CUSTOMER SHALL BE LIABLE FOR ALL LOSS OR DAMAGE TO THE EQUIPMENT AND EXPENSE OF LIONHEART RESULTING FROM (A) THE GROSS NEGLIGENCE OR WULLFUL MISCONDUCT OF CUSTOMER, WHICH INCLUDES, BUT IS NOT LIMITED TO, THE USE OR OPERATION OF THE EQUIPMENT IN A RECKLESS OR ABUSIVE MANNER, OR INTENTIONAL DAMAGE TO THE EQUIPMENT BY CUSTOMER OR WITH CUSTOMER’S KNOWLEDGE, AND (B) ANY OF THE FOLLOWING CIRCUMSTANCES: (1) USE IN VIOLATION OF THE APPLICABLE MANUFACTURER INSTRUCTION MANUAL, INCLUDING OVERLOADING OR EXCEEDING THE RATED CAPACITY OF THE EQUIPMENT; (2) DAMAGE TO MOTORS OR OTHER ELECTRICAL DEVICES CAUSED BY SURGES IN ELECTRICAL CURRENT OR USE OF THE WRONG VOLTAGE: (3) FAILURE OF CUSTOMER TO PERFORM, OR THE IMPROPER PERFORMANCE OF, BASIC MAINTENANCE OF EQUIPMENT REQUIRED UNDER THE QUOTE AND THESE TERMS AND CONDITIONS: (4) TIRE OR TUBE DAMAGE; (5) USE OF EQUIPMENT IN VIOLATION OF ANY TERM OF THE QUOTE AND THESE TERMS AND CONDITIONS; (6) USING IMPROPER FUEL SUCH AS STRAIGHT GAS IN DIESEL MOTORS, DIESEL FUEL IN GAS MOTORS, FUEL IN HYDRAULIC OIL, ETC.; (7) CONVERSION OR HIDING OF EQUIPMENT BY CUSTOMER OR ITS EMPLOYEES OR AGENTS, OR INFIDELITY OF CUSTOMER’S EMPLOYEES OR OTHER PERSONS TO WHOM THE EQUIPMENT IS ENTRUSTED; (8) VANDALISM, SABOTAGE, CRIMINAL OR INTENTIONAL ACTS, OR ABUSE BY CUSTOMER OR ITS EMPLOYEES OR AGENTS; (9) CUSTOMER’S FAILURE TO DISCONTINUE USE OF EQUIPMENT AFTER THE RENTAL PERIOD ENDS OR KEEP THE EQUIPMENT IN A SECURE AREA; (10) USE BY ANY PERSON OTHER THAN AN EMPLOYEE OF CUSTOMER POSSESSING ALL NECESSARY QUALIFICATIONS AND PERMITS; (11) WAR OR ACTS OF WAR (DECLARED OR UNDECLARED), RIOTS, TERRORISM, NUCLEAR EXPLOSION, OR RADIATION; (12) OVERSPRAY OF CONCRETE, PAINT, OR OTHER MATERIAL.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. CUSTOMER UNDERSTANDS AND AGREES THAT LIONHEART IS NOT THE MANUFACTURER OF THE EQUIPMENT. LIONHEART MAKES NO WARRANTY AGAINST PATENT OR LATENT DEFECTS IN MATERIAL, WORKMANSHIP, OR CAPACITY OF THE EQUIPMENT AND NO WARRANTY THAT THE EQUIPMENT WILL SATISFY THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION, REGULATION, OR CONTRACT WHICH PROVIDES FOR SPECIFIC MACHINERY OR APPARATUS OR SPECIFIC METHODS OF OPERATION. LIONHEART DISCLAIMS AND CUSTOMER WAIVES ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, 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 LIONHEART. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES LIONHEART FROM ANY AND ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL, AND CONSEQUENTIAL DAMAGES,) IN ANY WAY CONNECTED WITH OR RELATED TO THE EQUIPMENT, ITS INSTALLATION, OPERATION OR USE, OR ANY DEFECT OR FAILURE THEREOF, A BREACH OF LIONHEART’S OBLIGATIONS UNDER THE QUOTE OR THESE TERMS AND CONDITIONS, OR ERRORS OR INACCURACIES IN INFORMATION OBTAINED FROM CUSTOMER OR THIRD PARTIES UPON WHICH LIONHEART RELIED. LIONHEART’S LIABILITY, IF ANY, SHALL BE LIMITED IN ANY EVENT TO THE AMOUNT OF RENT PAID BY CUSTOMER PURSUANT TO THE QUOTE.
RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, AND HOLDS LIONHEART ENTITIES HARMLESS, AND AT LIONHEART’S REQUEST, DEFENDS LIONHEART (WITH COUNSEL SELECTED BY LIONHEART), FROM AND AGAINST ALL LIABILITIES, CLAIMS, DISPUTES, DEMANDS, ACTIONS, SUITS, SET-OFFS, LOSSES, DAMAGES, FINES, PENALTIES, 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) ACCESS, USE, POSSESSION, OR CONTROL OF THE EQUIPMENT BY CUSTOMER OR ANY THIRD PARTY THAT CUSTOMER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS, USE, POSSESS OR CONTROL THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THE QUOTE OR THESE TERMS AND CONDITIONS, 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 HEREBY WAIVES AND RELEASES ANY CLAIMS AGAINST LIONHEART FOR, ANY DELAY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES AND LOST PROFITS, WHETHER BASED ON CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. CUSTOMER ALSO AGREES TO WAIVE ITS WORKERS’ COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. CUSTOMER’S INDEMNITY OBLIGATIONS SHALL SURVIVE INDEFINITELY.
INSURANCE. During the Rental Period, Customer shall maintain, at its own expense: (1) commercial general liability insurance with a combined, single limit for bodily injury, including death, and property damage of $1,000,000.00 on a primary and not excess or contributory basis;(2) commercial umbrella insurance with a combined, single limit for bodily injury, including death, and property damage of $1,000,000.00 on a primary and not excess or contributory basis; (3) auto liability insurance with a combined single limit per occurrence of no less than $500,000.00, for Customer’s liability for damages sustained by any person, including, but not limited to, agents or employees of Customer, as a result of the maintenance, use, operation, possession, storage, erection, dismantling, servicing, or transportation of the Equipment; (4) property insurance in an amount adequate to cover any damages to, or loss of, the Equipment; and, (5) inland marine insurance with a combined, single limit for bodily injury, including death, and property damage of $1,000,000.00 on a primary and not excess or contributory basis (collectively, “Insurance”) sufficient to defend and reimburse against any claims, including coverage for Customer’s contractual liabilities herein such as the release and indemnification clause. Customer’s Insurance must expressly cover non-owned equipment while in Customer’s case, custody, or control.
All Insurance must be written by a U.S. insurance company licensed to do business in the jurisdiction in which the Equipment is located. Insurance must be evidenced on a certificate, showing the insurance company name including any state or subsidiary designation. All Insurance must be written as an occurrence-based policy. All Insurance must show LionHeart as a Certificate Holder and Additional Insured on all coverage. All policies must provide at least 30 days written notice of cancellation, with written notice provided to Lionheart. All Insurance policies obtained by Customer shall include a waiver of any and all of the insurer’s rights of subrogation, reimbursement, contribution, indemnification, recovery, and any right to participate in a claim thereunder against LionHeart and LionHeart’s predecessors, agents, affiliates, successors, assigns, directors, officers, managers, employees, and members, as well as all other persons acting on behalf of or claiming to act on behalf of Lionheart, with respect to any liability of any person insured under the aforementioned policies, or in any way connected with any loss, liability, or obligation covered by such policies of insurance. Customer shall provide LionHeart with certificates of insurance evidencing the coverages required above prior to any rental and any time upon LionHeart’s request. Customer’s insurance coverage, as required by these Terms and Conditions, shall apply on a primary basis to, and shall not require contribution from, any other insurance or self-insurance maintained by LionHeart or LionHeart’s predecessors, agents, affiliates, successors, assigns, directors, officers, managers, employees, or members, or other persons acting on behalf of or claiming to act on behalf of it. To the extent LionHeart carries any insurance, LionHeart’s 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 for amounts in excess of the limits of insurance, or otherwise. LionHeart may periodically contact Customer’s agent or Insurance representative to ensure that the policy is active and in good standing. Customer hereby represents and warrants that the foregoing Insurance requirements have been met and such insurance is currently in force and will remain in force during the Rental Period.
SUBROGATION AND WAIVER. Notwithstanding anything to the contrary in these Terms and Conditions, if lost Equipment is later recovered, LionHeart retains ownership of the Equipment regardless of any payments made by Customer or Customer’s Insurance company with respect to such Equipment, which are non-refundable. Customer agrees to promptly return any Equipment that is recovered to LionHeart. Customer hereby agrees to waive and release any and all rights of recovery, subrogation, or contribution against LionHeart, its agents, employees, and representatives with respect to any loss, damage, or destruction to the Equipment, regardless of the cause or negligence, except to the extent covered by insurance obtained by Customer as required by the Quote and these Terms and Conditions. Customer further agrees to procure from its insurance company a waiver of subrogation against LionHeart, its agents, employees, and representatives. The waiver of subrogation shall be included in the insurance policy and shall be binding upon Customer and its insurers. Customer shall cooperate with, assign LionHeart all claims and proceeds arising from such loss, theft, damage or destruction, execute and deliver to LionHeart whatever documents are required, and take all other necessary steps to secure in LionHeart such rights, at Customer’s expense.
RENTAL RATES. The total charges specified in the Quote are: (a) estimated based upon Customer’s representation of the estimated Rental Period identified in the Quote (rental rates beyond the estimated Rental Period may change) and other information conveyed by Customer to LionHeart; and, (b) for the Equipment’s use for single shift, unless otherwise noted. Weekly and 4 week rental rates shall not be prorated. Rental charges accrue during Saturdays, Sundays, and holidays. If the unit runs more than the initially quoted hours, additional charges will be applied. The rental rates do not include and Customer is solely 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 single shift use; delivery and pickup charges, including but not limited to any freight, transportation, delivery, pickup and surcharge fees; maintenance, repairs and replacements to the Equipment; cleaning fee, if required; miscellaneous charges, such as fees for lost keys; and, costs to recover fuel used during the Rental Period. Rental charges commence when the Equipment leaves the possession of LionHeart and will end upon Lionheart’s pick-up of the Equipment.
PAYMENT. Customer shall pay for: the rental of the Equipment; materials and all other items and services identified in the Quote and these Terms and Conditions; and, all other amounts due, without any offsets, in full, in advance at the time of rental. Customer must notify LionHeart in writing of any disputed amounts, including credit card charges, within 7 days after the receipt of the Quote. Otherwise, Customer shall be deemed to have irrevocably waived its right to dispute any such amounts. At LionHeart’s sole discretion, any 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 reimburse LionHeart for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. Payment of any late charge does not excuse Customer of any default under the Quote or these Terms and Conditions. CUSTOMER AGREES THAT IF A CREDIT OR DEBIT CARD IS PRESENTED TO PAY FOR CHARGES OR TO GUARANTEE PAYMENT, CUSTOMER AUTHORIZES LIONHEART TO CHARGE THE CREDIT OR DEBIT CARD FOR ALL AMOUNTS SHOWN ON (i) THE QUOTE, (ii) DUE PURSUANT TO THESE TERMS AND CONDITIONS, AND (iii) CHARGES SUBSEQUENTLY INCURRED BY CUSTOMER, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO THE EQUIPMENT AND EXTENSION OF THE RENTAL PERIOD. LionHeart may impose a surcharge of 2% (minimum $3) for credit card payments on charge accounts. This surcharge is not greater than LionHeart’s merchant discount rate for credit card transactions and is subject to sales tax in some jurisdictions.
RETURN OF EQUIPMENT. LionHeart may terminate the rental of its Equipment pursuant to the Quote or these Terms and Conditions at any time, for any reason. The Equipment shall be returned to LionHeart in the same condition it was received, ordinary wear and tear excepted, and free of any hazardous materials and contaminants. Customer will return the Equipment at the end of the Rental Period, but will continue to be responsible for rental and other charges after the Rental Period if the Equipment is not returned in the condition required pursuant to the Quote or these Terms and Conditions. If LionHeart delivered the Equipment to Customer, Customer shall notify LionHeart that the Equipment is ready to be picked up at the Site Address; provided Customer remains liable for any loss, theft, damage to or destruction of the Equipment until LionHeart confirms that the Equipment is returned to LionHeart in the condition required. Customer will not be charged the rental charges after the date the pick-up confirmation is given, provided Customer has otherwise complied with the Quote and these Terms and Conditions. No pickups occur on Saturdays, Sundays, or statutory holidays. If Customer picked up Equipment, Customer shall return Equipment to the same location during normal business hours. If the Equipment is not returned by the estimated end of the Rental Period specified in the Quote, Customer agrees to pay the rental rate specified in the Quote for the Equipment for any time after the Rental Period.
DEFAULT. Customer shall be in default if LionHeart deems itself insecure or if Customer: (a) fails to pay sums when due; (b) breaches any term or provision of the Quote or these Terms and Conditions; (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 LionHeart’s demand; or, (f) is in default under any other contract or agreement with LionHeart (collectively, “Default”). If a Default occurs, LionHeart 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 LionHeart’s costs, including reasonable costs of collection, court costs, attorneys’ and legal fees, incurred in exercising any of LionHeart’s rights or remedies herein. LionHeart shall not be liable due to seizure of Equipment by order of governmental authority. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST LIONHEART FOR SUCH REPOSSESSION.
ENVIRONMENTAL SERVICES CHARGE. To promote a clean and sustainable environment, LionHeart takes various measures to comply with applicable environmental regulations, as well as with LionHeart’s own policies. LionHeart 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 offset these and other costs, LionHeart assesses an Environmental Services Charge, plus applicable taxes thereon in connection with certain rentals. Customer’s acceptance of the Equipment confirms his, hers, its, or their acknowledgement of and agreement to LionHeart’s Environmental Services Charge.
FUEL. Fuel is charged in addition to the quoted rental cost. Depending on generator size, transportation regulations may require the Equipment be defueled for shipping and refueled for operation. This variable will be discussed during the request process and added to the Quote. Customer will be responsible for monitoring fuel level and either contracting a fuel fill directly with a fuel supplier; or, contacting LionHeart to coordinate a fuel fill. If Customer returns Equipment with less fuel than when received, Customer shall pay a refueling charge at LionHeart’s cost plus a 20% refueling fee. LionHeart offers fuel delivery coordination upon request.
JURY TRIAL WAIVER. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THE QUOTE OR THESE TERMS AND CONDITIONS, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES. THEREFORE, CUSTOMER AND LIONHEART EACH HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, IRREVOCABLY, AND UNCONDITIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATED TO THE QUOTE OR THESE TERMS AND CONDITIONS. THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS TRANSACTION.
ARBITRATION AGREEMENT & CLASS ACTION WAIVER. AT THE ELECTION LIONHEART, ANY CONTROVERSY, DISPUTE, OR CLAIM, WHETHER IT BE BASED IN CONTRACT, TORT. EQUITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THE QUOTE OR THESE TERMS AND CONDITIONS SHALL BE SUBJECT TO MANDATORY 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. 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.
GOVERNING LAW. The Parties expressly and irrevocably agree: (a) the Quote and these Terms and Conditions, including any related tort claims, shall be governed by the laws of Illinois, without regard to any conflicts of law principles and no action involving the Quote or these Terms and Conditions may be brought except in the Circuit Court of DuPage County, Illinois or the United States District Court for the Northern District of Illinois, Eastern Division; and (b) if any term of the Quote or these Terms and Conditions is prohibited by any law, such Section shall be ineffective to the extent of such prohibition without invalidating the remaining Sections. The Parties hereby waive, to the fullest extent that they may effectively do so, the defenses of: (i) lack of subject matter jurisdiction; (ii) absence of personal jurisdiction over both Parties; and, (iii) forum non-conveniens.
FORCE MAJEURE. LionHeart shall not be liable or responsible to the Customer, nor be deemed to have defaulted under or breached the Quote or these Terms and Conditions, for any failure or delay in fulfilling or performing any term of the Quote or these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts beyond LionHeart’s control, including, without limitation, the following force majeure events (“Force Majeure Event(s): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, regulations, shutdowns, or actions; (e) embargoes or blockades in effect on or after the date of the Quote; (f) national or regional emergency; (g) strikes, labor stoppages, or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and, (i) any other events beyond the control of LionHeart.
MISCELLANEOUS. The Quote and these Terms and Conditions constitute the entire agreement and understanding of the Parties regarding the Equipment and may not be modified except by written amendment signed by the Parties. No Party hereto has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings made by any other Party, any agent or attorney of any other Party or any other person unless such agreement, representation, warranty, statement, promise or understanding is specifically set forth in the Quote or these Terms and Conditions. Any and all prior agreements and understandings of the Parties are hereby: (i) to the extent they are wholly consistent with the Quote or these Terms and Conditions, integrated and merged into the Quote and these Terms and Conditions; or, (ii) to the extent they are inconsistent with the Quote or these Terms and Conditions, wholly replaced and supplanted by the Quote and these Terms and Conditions. Any reference in the Quote or these Terms and Conditions to other terms that are not expressly set forth in the Quote or these Terms and Conditions shall be void. Nothing in the Quote or these Terms and Conditions, express or implied, confers any legal or equitable right, benefit, or remedy of any nature whatsoever.
Customer hereby agrees that each provision herein shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein. Moreover, if one or more of the provisions contained in the quote or these Terms and Conditions shall for any reason be held to be excessively broad as to scope, activity, subject or otherwise so as to be unenforceable at law, such provision or provisions shall be construed by the appropriate judicial or arbitration body by limiting or reducing it or them, so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear.
Headings in the Quote or these Terms and Conditions are for reference and convenience only, and shall not be used to interpret or construe its provisions. Whenever the context may require, any pronoun used in the Quote or these Terms and Conditions shall include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns, pronouns and verbs shall include the plural and vice versa. The Quote or these Terms and Conditions may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page the Quote or these Terms and Conditions by facsimile transmission or email correspondence shall be as effective as delivery of a manually signed counterpart of the Quote or these Terms and Conditions.
The Quote, these Terms and Conditions, or any provision hereof, may be amended or waived, provided that any such amendment or waiver will be binding on the Parties hereto only if such amendment or waiver is set forth in a writing executed by the Party or Parties to be bound by such amendment or waiver. The waiver by any Party hereto of a breach of any provision of the Quote or these Terms and Conditions shall not operate or be construed as a waiver of any other breach of the Quote or these Terms and Conditions of the documents, agreements and instruments executed in connection herewith or contemplated hereby. The failure of a Party to enforce any right under any provision of the Quote or these Terms and Conditions, in one or more instance, shall not act as a waiver of that Party’s right to enforce any provision of the Quote or these Terms and Conditions.
All notices required or permitted to be given to LionHeart hereunder shall be sent by email to LionHeart’s Project Solutions team at the email address: firstname.lastname@example.org. All notices required or permitted to be given to Customer hereunder shall be sent by email, or United States mail to the address identified in the Quote or the last known address for each Party. Any Party hereto, by notice to the other Party in accordance with the terms hereof, may change the address for notices to be sent to him, her, or it. In the event that any notice is not delivered to any Party entitled thereto because such Party has moved and the address is unknown, or because such Party has refused to accept such notice, then such notice shall be deemed to be effective as if delivered.
Customer and the person signing the Quote agree, represent, and warrant that: (a) the person signing the Quote is 18 and her/she has full authority to execute and accept the terms of the Quote and these Terms and Conditions; and (b) the Quote and these Terms and Conditions constitute a legal, valid and binding obligation of Customer, enforceable in accordance with its terms.