Classic Power Rental Terms of Rental Contract and Service Agreement


CLASSIC POWER RENTAL TERMS OF RENTAL AGREEMENT (“AGREEMENT”)

This Agreement, together with each Rental Contract, set forth the rental terms and conditions between Customer and Classic Power Rental.. The Agreement includes indemnification clauses, a class action and jury waiver, and limitations on Classic Power Rental’s liability to Customer. If Customer accepts delivery of or uses the Equipment or makes payment for the same, Customer agrees to be bound by the Rental Contract and Terms of Agreement, even if the Rental Contract has not been fully executed by Customer. Unless approved by Classic Power Rental in writing, Classic Power Rental objects to and rejects any and all additions, exceptions, or changes to the Agreement, whether contained in any printed form of Customer or elsewhere. Any terms and conditions on Customer’s internet site, attached to an invoice, contained in a proposal or report, or purchase order will be null and void and are of no legal effect on Classic Power Rental.

  1. Definitions


“Agreement” means the Reservation Details (as defined below), together with any associated Rental and Service Agreement (as defined below), including these Rental and Service Terms which are incorporated by reference therein.


“Customer” means the person, firm, organization, partnership, corporation, trust, or other entity renting Equipment from Classic Power Rental, including but limited to Customer’s employees, agents, and contractors.


“Customer Location” means the location where the Equipment will be located throughout the Rental and is identified on the Rental Contract


. “Equipment” means the equipment identified on the Rental Contract and other similar items rented to Customer, including any accessories, attachments, attached tools, and parts.


“Rental” means the Customer’s rental of the Equipment which is the subject of this Agreement. “Single-Shift” means not more than 8-hours per day, 40-hours per week, and 160-hours every month or 4-week period. “Double Shift” means not more than one and one-half times the rental charge of 16-hours per day, 80-hours per week, and 320-hours every month or 4-week period. “Triple Shift” means not more than two times the rental charge and will allow for 24-hour run time per day.


“Rental Charge” or “Rental Charges” means the rates and charges payable by Customer for the Rental as set forth in the Rental Contract.


“Rental Period” means the minimum Rental period of 24-hours, or the duration of the Rental as set forth in the Rental Contract.


“Rental Contract and Service Agreement” means the agreement made between Customer and Classic Power Rental to rent Equipment and/or provided Services, whether that Agreement is made in person at the Store Location, online, or at the time of Equipment delivery, and which incorporates by reference these Rental and Service Terms and which identifies the Equipment to be rented by Customer. The Agreement incorporates these Rental and Service Terms by reference.


“Rental Period” means the period of time between the “Rental Out” and “Scheduled In,” set forth in the Rental Contract and Service Agreement, except that the Rental Period may terminate earlier as provided if Customer returns the Equipment earlier. “Credit Card” means the credit card provided by the Customer as part of this Agreement or otherwise kept on file with Classic Power Rental.



“Reservation Details” means the Equipment, Rental Period, delivery information, payment information and other information set forth on the Confirmation/Order Summary Screen or the Rental Contract and Service Agreement, as the case may be.


“Service” or “Services” means the services provided by Classic Power Rental in connection with the rental of Equipment, including but not limited to generators, engines, load banks, telematics, etc. Customer hereby consents to Classic Power Rental use of a third party technician to perform installation and hook-up services of the Equipment, if Classic Power Rental Services are requested by Customer. Unless otherwise agreed to in writing by the parties, Customer shall (I) perform daily inspection and maintenance of all Equipment during the Rental Period; (II) decontaminate Equipment of any chemical or hazardous fluids; (III) obtain all necessary permits and regulatory inspections; (IV) load and unload all rental Equipment from trailers (if applicable); (V) remove all fuel from any supplemental tanks prior to Equipment decommissioning (if applicable); (VI) fuel and/or refuel all generators or fuel tanks with #2 fuel oil; (VII) check and record oil levels in the generator daily; (VIII) allow Classic Power Rental to perform service every 250 hours on all Equipment; and (IX) furnish a qualified electrician to connect and disconnect Equipment to utility power.


“Classic Power Rental Location or Store Location” means the Classic Power Rental branch address set forth in the Rental Contract.


“CPR” or “Classic Power Rental” means Classic Power Rental, LLC



  1. Authority of Customer to sign or form contracts


The individual signing this Agreement on behalf of Customer warrants that the individual is of legal age and has the power and authority to sign the Agreement on their own behalf and for Customer.


  1. Indemnity/Hold Harmless


INDEMNITY / HOLD HARMLESS. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD CLASSIC POWER RENTAL, AND ALL OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE (A) INSTALLATION, OPERATION, USE, ALTERATION, MODIFICATION, REMOVAL, POSSESSION OR RENTAL OF THE EQUIPMENT, (B) CLAIMS BY ANY CUSTOMER EMPLOYEE, AGAINST CUSTOMER, INCLUDING BUT NOT LIMITED TO ANY CLAIM THAT CUSTOMER FAILED TO DISCLOSE OR OBTAIN CONSENT TO DATA COLLECTION CONTEMPLATED UNDER THIS AGREEMENT OR (C) ERRORS, OMISSIONS, INACCURACIES OR MISREPRESENTATIONS (WHETHER INTENTIONAL OR INADVERTENT) IN THE DOCUMENTS OR OTHER INFORMATION PROVIDED BY CUSTOMER, OR OBTAINED FROM OTHERS (INCLUDING ANY THIRD-PARTY DOCUMENTS OR DOCUMENTATION), UPON WHICH CLASSIC POWER RENTAL RELIES WHEN PROVIDING THE EQUIPMENT OR SERVICES. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST CLASSIC POWER RENTAL BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY CLASSIC POWER RENTAL FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF CLASSIC POWER RENTAL. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE AGREEMENT.


  1. Customer Inspection


Customer acknowledges that Customer is responsible for inspecting the Equipment upon delivery to confirm the Equipment is in good condition, safe and serviceable, without defects, including readable decals and operating and safety instructions, and is suitable for Customer’s intended use. If, after inspection, Customer has an objection to the Equipment, Customer must notify CPR immediately in writing and before use of the Equipment. Customer agrees that should Customer fail to notify CPR of any objection, it will be conclusively presumed that the Equipment is in good working condition and Customer is satisfied with and has accepted the Equipment for all purposes.


  1. Rental Charges


Rental Charges commence on the date specified in the Rental Contract or Service Agreement and end when: (a) the Equipment is returned to the CPR Location during CPR’s regular working hours in good working order and condition, ordinary wear and tear excepted; or (b) the Equipment is made available to CPR at the Customer Location (as evidenced by the “call-off” confirmation number provided by CPR) in good working order and condition, ordinary wear and tear excepted. No allowance will be made for Saturdays, Sundays, Holidays, or time in transit, nor for any period of time the Equipment may not be in actual use while in Customer’s possession. Customer is responsible for Rental Charges if the Equipment is unavailable for pick-up, lost, damaged, destroyed, or in need of repair until the date the Equipment is retrieved, repaired, or replaced.

Rental Charges are predicated on the Equipment not being operated in excess of Single-Shift. Customer agrees to pay for meter overages and excess use beyond Single-Shift at the overtime rate specified in the Rental Contract or 1.5 times the Rental Charge for meter overages in excess of Single-Shift or 2.0 times the Rental Charge for meter overages in excess of Double-Shift if no overtime rate is specified in the Rental Contract.

  1. Additional Charges

In addition to the Rental Charges, Customer agrees to pay: (a) the cost of delivery, collection, and installation of the Equipment; (b) a cleaning charge if the Equipment is not returned clean and in good working condition; (c) the maintenance, repair, and replacement charges as provided herein; (d) a fuel service charge at the per gallon fee at the Classic Power Rental Location on the Equipment return date; (e) the EPP charge, if applicable; (f) the charges for any consumables, fees, fines, licenses, tolls, toll processing fees, present and future taxes, and any other charges based on the Rental; (g) the charges for CPR having to inspect the Equipment or perform maintenance on the Equipment after regular business hours; (h) any fines and damages for use of dyed-fuel in on-road Equipment; (i) any fines and penalties related to Customer’s storage, transportation, or use of any hazardous substances; and (j) the miscellaneous charges for lost keys, Equipment recovery costs, and technician overtime.

  1. Deposit and Payment

DEPOSIT: In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms of this Agreement to be performed by Customer. In the event of any breach by Customer, the deposit will be credited against any damages, cost or expense incurred by CPR as a result of the breach. Payment for the Rental and all other equipment and services listed in the Rental Contract is due in advance at the time of Rental unless Classic Power Rental approves Customer for a Credit Account. If Customer has a credit account with Classic Power Rental, Customer must pay on a monthly basis, in arrears, upon receipt of invoice, either by cash, check, or automated clearing house. Customer must notify Classic Power Rental in writing of any disputed amounts, including credit card charges, within 15 days after receipt of the invoice or Customer shall be deemed to have irrevocably waived its right to dispute such amounts. If Customer does not pay the invoice by the due date, Classic Power Rental may charge, in addition to any other costs recoverable under the Agreement, interest, calculated monthly, on the total outstanding balance at the rate of 1.5% or the highest legal rate, whichever is less. Customer agrees to pay $95.00 for each check returned for lack of sufficient funds. Effective January 1, 2022, and, where permitted by law, Classic Power Rental may impose a surcharge of 3.2% for credit card payments on charge accounts. Customer agrees that Classic Power Rental reserves the right to charge Customer’s credit card, debit card, or customer account for any amount owed by Customer pursuant to the Agreement.

  1. Limitation of Liability

In no event shall Classic Power Rental be liable or responsible to Customer or any other party for: (I) any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use; (II) Classic Power Rental’s failure to deliver the Equipment as required hereunder or Classic Power Rental’s failure to repair or replace non-working Equipment; or (III) any incidental, consequential, punitive or special damages, including damages resulting from the delay to any ongoing projects, in connection with this Agreement or its subject matter under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or product liability, even if so advised of the possibility of such damages, if such damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose. Customer acknowledges and assumes all risks inherent in the operation, use and possession of the Equipment from the time the Equipment is delivered to Customer until the Equipment is returned to Classic Power Rental and will take all necessary precautions to protect all persons and property from injury or damage from the Equipment.

  1. Customer Responsibilities

Customer shall provide Classic Power Rental with the information and the documentation CPR requests to assess, plan, and perform the Services and/or provide the Equipment. All Equipment is provided, and Services are performed, based on information provided by Customer or others, including the telematics information, and CPR is relying on the accuracy and completeness of such information in providing the Equipment and performing such Services. Customer recognizes that it is impossible for CPR to assure the accuracy, completeness and sufficiency of information provided by others, either because it is impossible to verify, or because of errors or omissions that may have occurred in assembling such information. Customer is responsible for providing a secure and safe work environment for all parties, including CPR and its employees, and for ensuring that the Services are carried out in compliance with applicable laws. In the event that CPR, in its sole discretion, determines that it is unable to perform the Services because Customer has not provided a secure and safe work environment, CPR reserves the right to refuse to provide the Services and/or provide the Equipment without any liability whatsoever to Customer and Customer shall be responsible for any increased costs incurred by CPR.

  1. Customer Use of Equipment

Customer acknowledges and agrees that Customer: (a) selected the Equipment based on its requirements; (b) is familiar with the proper operation and use of the Equipment; (c) has access to and reviewed the manufacturer’s operating and safety instructions and will insure that the Equipment is operated in accordance with the manufacturer’s operation and safety instructions (d) will insure that the Equipment is operated with all applicable safety equipment; (e) will store the Equipment safely and securely; (f) will allow Classic Power Rental to enter the Customer Location or the physical location of the Equipment to inspect and maintain the Equipment from time to time in CPR’s sole discretion.

Customer understands and agrees Customer shall not: (g) move the Equipment from the Customer Location without CPR’s written consent; (h) alter, modify, tamper with, damage, or repair the Equipment without CPR’s written consent; (i) deface, remove, vary, or erase any identifying marks, plate, number, notices, or safety information on the Equipment; (j) subject the Equipment to neglect, carelessness, misuse, or abuse, including, but not limited to, use beyond its rated capacity; (k) use the Equipment if it is damaged, unsafe, disabled, or malfunctioning; (l) use or allow anyone to use the Equipment for an illegal purpose, in an illegal manner, or without a license if required under applicable law.

Customer further acknowledges that Classic Power Rental: (m) has no control over the manner in which the Equipment is operated during the Rental Period by Customer or any third-party; (n) is not responsible for providing any training unless CPR and Customer agree in writing to provide such training.

  1. Compliance with Local, State, and Federal Laws

Customer shall, at Customer's sole expense, comply with all applicable municipal, state, and federal laws, ordinances and regulations (including but not limited to those relating to worker safety or the environment), building and zoning codes, professional licenses, and licenses and permits which may apply to the use of the Equipment (“Licenses and Permits”). Licenses and Permits include, without limitation, the discharge of treated water, and disposal of waste or spent Specialty Media or other materials, and security, traffic control and road crossings associated with the use of the Equipment. When transporting Non-Hazardous Waste, Classic Power Rental shall not be deemed to have taken license of any Non-Hazardous Waste and Customer shall remain the generator of such waste. Customer shall be subject to the provisions of Section 7(B) if any materials being transported are “Regulated Materials” as defined therein. Customer shall ensure that the Equipment at all times remains movable personal property. Customer shall not permit or allow the Equipment to be incorporated, attached or joined to any real or immovable property such that it causes the Equipment to be deemed a fixture.

  1. Warranty/Disclaimer of Warranties


CLASSIC POWER RENTAL WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON DELIVERY AND THE SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CPR MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE EQUIPMENT, OR SERVICES AND MAKES NO WARRANTIES AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS OR CONTAMINANTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THE AGREEMENT, CPR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION. IN THE EVENT OF A BREACH OF THE ABOVE EQUIPMENT WARRANTY, CPR SHALL, AT ITS SOLE COST AND EXPENSE, REPAIR OR REPLACE THE EQUIPMENT. IN THE EVENT OF A BREACH OF THE ABOVE SERVICE WARRANTY, CPR SHALL, AT ITS SOLE COST AND EXPENSE, RE-PERFORM THE SERVICE.




  1. Customer Maintenance


Customer shall keep the Equipment in good working condition. Customer shall perform all routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, cooling and fluid systems, batteries, tires, filters and electrical systems. Customer will also comply with the manufacturer’s preventative maintenance, operation and safety instructions.


  1. Malfunctioning Equipment


Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify Classic Power Rental. If such condition is the result of normal operation, CPR will repair or replace the Equipment with reasonably-similar Equipment in working order, if such replacement Equipment is available. CPR has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer's sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. Customer must return the Equipment to Classic Power Rental Location within twenty-four (24) hours from the time of defect in order to terminate rental charges.


  1. Return of Equipment / Damaged and/or Lost


Customer shall return the Equipment to CPR during CPR’s regular business hours or if CPR has agreed to pick up the Equipment, in the same condition it was received, less ordinary wear and tear (see definition) and free of any hazardous materials and contaminants. CPR shall endeavor to pick up the Equipment within a commercially reasonable period of time after Customer notifies CPR that the Equipment is called “Off Rent”. If Customer returns the Equipment in a damaged or excessively worn condition, Customer shall pay CPR the cost of repairing the Equipment and the Rental Charges on the Equipment until repairs have been completed. If Customer damages the Equipment beyond repair, or if it would cost more to repair the Equipment than to replace it, or if Customer is unable to return the Equipment to the CPR Location for any reason, Customer will pay CPR the fair market value replacement cost (as determined by Rouse Services) and the Rental Charges on the Equipment until the Equipment is replaced. Customer agrees that CPR will not be obligated to begin repairs or replacement efforts until Customer has paid the estimated repair or replacement costs. Customer agrees that CPR reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to damaged or lost Equipment.


  1. Reasonable Ordinary Wear and Tear


Reasonable or Ordinary wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one -shift basis (as defined in “Rental” definition). The following shall not be considered reasonable wear and tear: (I) damage resulting from lack of lubrication, insertion of improper fuel or maintenance of necessary oil, water and air pressure levels; cavitation; or freezing; (II) except where CPR expressly assumes the obligation to service or maintain the Equipment, any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer's operation and maintenance manual; (III) damage resulting from any collision, overturning or improper operation, including overloading or exceeding the rated capacity of the Equipment; (IV) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof; (V) wear resulting from use in excess of shifts for which rented; and (VI) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.


  1. Late Return


Customer agrees that if the Equipment is not returned by the end of the Rental Period, or when CPR comes to the Customer site to pick up the Equipment, CPR, in its sole discretion, may require the Customer to do any of the following: (A) continue to pay the rental rate(s) applicable to the Equipment as specified in the Agreement, Rental Contract or Service Contract; (B) for periods less than 24 hours, pay the full daily rental rate applicable to the Equipment; (C) pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period; or (D) assess a pickup charge if the Equipment is not ready to pick up.


  1. Default


In the event Customer (a) fails to make any payments due in accordance with this Agreement, (b) breaches any condition of this Agreement, (c) becomes insolvent or makes an assignment for the benefit of creditors, (d) applies for or consents to the appointment of a receiver, trustee, or liquidator, or (e) fails to insure the Equipment or otherwise places the Equipment at risk, CPR may consider the Customer to be in default and shall have the option to terminate the Agreement immediately. Upon notification to Customer of their default, CPR shall have the right and may, at its option, repossess the Equipment wherever it may be found, provided, however, Customer shall remain liable for all sums then due and unpaid through the date of termination, plus reasonable attorneys’ fees and such other costs and expenses (including transportation costs) as may be expended in the repossession of the Equipment. A default under this Agreement shall also be considered a default by Customer under any other Agreement that Customer may have with CPR or any other Agreement that Customer’s parent, subsidiary or affiliate may have with CPR. The remedies provided herein in favor of CPR shall not be deemed exclusive but shall be cumulative and shall be in addition to all other remedies in favor of CPR existing at law or in equity.


  1. Refueling Service Charge


Customer acknowledges that a “Refueling Service Charge” will be applied to all Equipment not returned with a full tank of fuel. The exact cost of the Refueling Service Charge may vary depending on the rate being charged by the Store Location on the date Customer returns the Equipment. Customer acknowledges that the Refueling Service Charge is not a retail sale of fuel. Customer may avoid the Refueling Service Charge if Customer returns the Equipment with a full tank of fuel.


  1. Environmental Service Charge


Due to the hazardous nature of some waste and other products, to comply with federal and state environmental regulations, and to promote a clean environment, CPR charges an Environmental Service Charge for certain rentals and all service repairs. The Environmental Service Charge is not a government-mandated charge, is not designated for any particular use, and is used at CPR’s discretion. The Environmental Service Charge is 2.00% of the rental charge or total service repair and will not exceed $99. Customer acknowledges the items indicated above are subject to the Environmental Service Charge and Customer agrees to pay that Charge.


  1. Title/ No Purchase Option/ No Liens


With the exception of consumables or specified resale items, the Agreement is not a contract of sale, and title to the Equipment shall at all times remain with Classic Power Rental. Unless covered by a specific supplemental agreement signed by CPR, Customer has no option or right to purchase the Equipment. The Equipment is owned by CPR and title to the Equipment is, and shall remain, with CPR. Customer shall keep the Equipment free and clear of all mechanics and other liens and encumbrances. Upon request by CPR, Customer shall immediately execute and deliver to CPR UCC-1 forms for recording in the county where the Equipment is located. Under no circumstances will Rental of the Equipment accrue equity in the Equipment.

  1. Insurance


Customer agrees to maintain and carry, at Customer’s sole cost, the following insurance: (a) general liability insurance of not less than $1 million per occurrence, including coverage for Customer’s contractual liabilities contained herein; (b) property insurance for the full replacement cost of the Equipment, including coverage for all risks of loss or damage to the Equipment, unless EPP is elected and paid for at the time of Rental; (c) worker’s compensation insurance as required by law; (d) automobile liability insurance if the Equipment is going to be used on any roadway. Customer’s policies shall be endorsed to (I) name Classic Power Rental, LLC as an additional insured; (II) be primary to any and all insurance carried by Classic Power Rental; and (III) provide written notice of cancellation in accordance with the policy provisions. Insurance that excludes boom damage and overturns is a breach of the Agreement. Customer shall provide Classic Power Rental with a certificate of insurance evidencing the required coverage prior to the Rental and upon Classic Power Rental’s demand.


  1. Tire and Tube Repair of Replacement


Repair or replacement of tires and tubes on Equipment is the responsibility of Customer and is not included in the rental rate.


  1. No Assignment, Lending or Subletting


Customer shall not sublease, subrent, assign or loan the Equipment without first obtaining the written consent of CPR, and any such action by Customer, without CPR’s written consent, shall be void. Customer agrees to use and keep the Equipment at the job site set forth in the Agreement unless CPR approves otherwise in writing. CPR may at any time, without notice to Customer, transfer or assign the Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.


  1. Class Action Waiver


Customer agrees that any claims or proceedings brought by Customer relating to the Rental, Rental Contract and this Agreement will be conducted on an individual basis, and not on a class-wide, mass, collective, or representative basis, and that any one person’s claims or proceedings may not be consolidated with any other claims or proceedings. Customer will not sue CPR as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against CPR. Nothing in this section, however, limits Customer’s right to bring a lawsuit as an individual plaintiff.


  1. Governing Law and Jury Waiver


The federal and state courts in the county in which the Store Location is located shall have exclusive jurisdiction over all matters relating to this Agreement. TRIAL BY JURY IS WAIVED. In order to effect service of process on CPR, please contact the Secretary of State Corporations Division or the equivalent office in your state to obtain the name of the registered agent and the registered office address that is on file with the Secretary of State for CPR. CPR shall be entitled to decrees of specific performance (without posting bond or other security) in addition to such other remedies as may be available.


  1. Collection of Data


Customer consents to the collection, use, and disclosure of the data and information Customer provides to CPR, including personally identifiable information, financial information, as well as electronic monitoring, telematics and Global Positioning System data.




  1. GPS / Telematics


Customer and Classic Power Rental each consent to the collection and monitoring of electronic information, including Global Positioning System (“GPS”) data, generated by or in connection with Customer’s use of or the location of the Equipment (including the Telematics Devices). Customer agrees that CPR owns the data described in this paragraph and may use such data, including GPS data, for any purpose, including commercial purposes. Customer shall obtain all required consents as may be required under any applicable laws from its employees, contractors or other operators to permit CPR’s collection and use of data.


  1. Entire Agreement / Only Agreement


These terms and conditions and the front the Agreement, and any Addendum attached thereto, represent the entire agreement between Customer and CPR with respect to the Equipment and the rental and servicing of the Equipment. There are no oral or other representations or agreements not included herein. None of CPR's rights or Customer's rights may be changed and no extension of the terms of this Agreement may be made except in writing, signed by both CPR and Customer. Any use of Customer's purchase order number on this Agreement is for Customer's convenience only.


  1. Criminal Warning


The use of false identification to obtain Equipment or failure to return the Equipment by the end of the Rental Period may be considered a theft subject to criminal prosecution pursuant to applicable criminal or penal code provisions, and civil liability.


  1. Changes to the Rental Contract and Service Agreement


Classic Power Rental reserves the right to modify or make changes to these Rental Contract and Service Agreement at any time. Any such modification will be reflected in these terms as of the “Last update” date above, and will be effective immediately upon public posting on CPR’s website. Customer’s continued use of the Equipment following any such modification constitutes the Customer’s acceptance of these modified Rental Contract and Service Agreement Terms. Except for changes described here, no other amendment or modification of these Rental Contract and Service Agreement Terms will be effective unless in writing and signed by the parties


  1. .Equipment Protection Plan (EPP)


THIS CONTRACT OFFERS AN OPTIONAL LOSS DAMAGE WAIVER FOR AN ADDITIONAL CHARGE TO COVER YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE HEAVY EQUIPMENT. YOU DO NOT HAVE TO PURCHASE THIS COVERAGE. BEFORE DECIDING WHETHER TO PURCHASE THIS LOSS DAMAGE WAIVER, YOU MAY CONSIDER WHETHER YOUR INSURANCE POLICIES AFFORD YOU COVERAGE FOR LOSS OF OR DAMAGE TO THE HEAVY EQUIPMENT RENTED AND THE AMOUNT OF THE DEDUCTIBLE YOU WOULD PAY UNDER YOUR POLICIES.

Classic Power Rental offers an optional Equipment Protection Plan (“EPP”) for an additional charge to cover Customer’s responsibility for loss or damage to the Equipment. The EPP is not mandatory and is not available for equipment licensed for use on public roads. The EPP is not insurance. The EPP must be accepted or declined simultaneously with the Rental Contract. If Customer elects to participate in the EPP, and Customer pays 14% of the gross Rental Charges as the fee for the EPP (plus applicable taxes), Classic Power Rental agrees to limit the amount Classic Power Rental collects for loss, damage, or destruction to the Equipment to the EPP charge, and agrees not to charge the Rental Charges which would otherwise accrue during the period when damaged or destroyed Equipment is being repaired by Classic Power Rental or lost Equipment is being replaced.

EPP DOES NOT COVER LOSS OR DAMAGE TO THE EQUIPMENT AS A RESULT OF THE FOLLOWING: (a) damage to tires, tubes, or wheels caused by deflation, blowout, bruises, dents, cuts, or other causes resulting from the use of the Equipment; (b) damage from misuse or abuse of the Equipment; (c) loss of damage due to mysterious or unexplained disappearance, or caused by conversion of Customer, its employees or persons to whom the Equipment is entrusted; (d) wear and tear beyond generally accepted expectations; (e) improper maintenance; (f) breach of this Agreement (including operating the Equipment in violation of the operator manual); and (g) damage from exceeding rated capacity or striking overhead objects. Damages excluded in (a), (b), (c), (d), (e), (f) and (g) are not covered by the EPP and remain the liability of Customer.

  1. Purchases


If the Rental Contract identifies any equipment, tools, materials or other items that is to be purchased by Customer, CPR sells and delivers such items to Customer on an “AS IS, WHERE IS” basis with all faults and without warranties, express or implied, other than the manufacturer’s warranties, if any. CPR retains title to the items until Customer has paid in full for any such items.