RENTAL EQUIPMENT PROTECTION ADDENDUM
The following is the STR Rental Equipment Protection Addendum (“Addendum”). STR has the sole discretion to make this Addendum available to Customers that rent Equipment from STR. This Addendum is deemed to be an addendum to, and to modify, STR’s Equipment Lease Agreement between the Customer and STR (“Agreement”).
This Addendum waives certain specific terms and conditions set forth in the Agreement and is not considered insurance coverage. NOTHING CONTAINED HEREIN SHALL CONSTITUTE A CONTRACT FOR INSURANCE OR OTHERWISE PROTECT CUSTOMER FROM LIABILITY TO THIRD PARTIES.
1. Defined Terms
All terms defined in the Agreement shall have the same meaning when used in this Addendum unless otherwise expressly stated herein.
2. Limited Waiver of Liability
If this Addendum is made available in full or in part (in STR’s sole discretion), and Customer elects this Addendum and pays the required additional fees, Customer’s liability under Section 3 (Risk of Loss) of the Agreement shall be limited to ten percent (10%) of the repair or replacement cost of the damaged Rental Equipment, to the extent provided herein.
STR agrees to waive its right to collect amounts exceeding ten percent (10%) of the repair or replacement cost, as determined solely by STR. STR shall determine, in its sole discretion, the extent of damage or need for replacement.
3. Covered Events
This Addendum covers damage caused by acts of vandalism by third parties, fire, and natural disasters, including but not limited to heavy wind, lightning, flooding, and fallen trees.
4. Exclusions – Not Covered
THE RENTAL EQUIPMENT PROTECTION DOES NOT COVER, AND CUSTOMER REMAINS RESPONSIBLE FOR:
- Damage arising from collision and/or upset during transport or relocation by Customer or its agents
- Damage caused by misuse, abuse, excess wear and tear, abandonment, negligence, or willful misconduct
- Theft or mysterious disappearance of Rental Equipment
- Customer’s personal property or contents within or upon the Rental Equipment
- Damage caused by contamination from hazardous materials, including pollutants or radioactive materials
5. Fees
The monthly fee payable by Customer is specified in the Agreement and shall be billed with the rental invoice.
6. Reporting Requirement
The waiver provided herein shall not be binding unless the loss, damage, injury, or claim is reported to STR in writing within seventy-two (72) hours of its occurrence. Customer shall cooperate fully and provide all requested information.
7. Termination of Waiver
All waivers provided under this Addendum are automatically terminated if rental payments or other charges become late or unpaid, or upon expiration or termination of the Agreement or Rental Term, whichever occurs first.
8. No Ownership Rights
Nothing contained herein shall create any ownership right or claim by Customer to the Rental Equipment.
9. Subrogation and Assignment
By granting this Addendum, STR is subrogated to all Customer rights, title, and interest in any claims against third parties relating to damages waived herein. Customer assigns such rights to STR. This assignment includes a power of attorney coupled with an interest and survives Customer’s death, disability, or dissolution.
10. Purchase Timing
This Addendum may only be purchased at the time of rental and may not be added later unless the Rental Equipment is inspected by STR at Customer’s expense.
11. Default
If Customer is in default under the Agreement, this Addendum shall not apply, and Customer shall be fully liable for all damages as provided in the Agreement.
12. Prevailing Terms
This Addendum amends the Agreement applicable to the Rental Equipment. In the event of any conflict, the terms of this Addendum shall prevail, while all other provisions of the Agreement remain in full force and effect.
13. Authorization to Charge
Customer authorizes STR to charge Customer’s credit card or bank account for any amounts owed pursuant to this Addendum or the Agreement due to damage or loss of Rental Equipment.