# Citywide Rentals Inc > Your local equipment rental company offering a wide range of quality equipment for all your projects. ## Contact - Phone: +1 (347) 506-0015 - Website: https://www.citywiderentalsny.com - Timezone: America/New_York ## Locations ### Main Branch - Address: 14-10 129th St, Queens NY 11356-2410, US - Phone: +1 (347) 506-0015 - Hours: - Monday, Tuesday, Wednesday, Thursday, Friday: 07:00–16:00 ## Pages - [Home](https://www.citywiderentalsny.com/) - [Categories](https://www.citywiderentalsny.com/categories) - [Checkout](https://www.citywiderentalsny.com/checkout) - [Portal](https://www.citywiderentalsny.com/portal) - [About Us](https://www.citywiderentalsny.com/about-us) - [Privacy Policy | Citywide Rentals Inc](https://www.citywiderentalsny.com/privacy) - [Rental Contract | Citywide Rentals Inc](https://www.citywiderentalsny.com/rental-contract) - [SMS Terms & Conditions | Citywide Rentals Inc](https://www.citywiderentalsny.com/sms-terms) - [Terms of Use | Citywide Rentals Inc](https://www.citywiderentalsny.com/terms) ## Rental categories - [Road Plates & Trench Covers](https://www.citywiderentalsny.com/categories/road-plates-and-trench-covers) - [Steel Road Plates](https://www.citywiderentalsny.com/categories/road-plates-and-trench-covers/steel-road-plates) - [Road Plate Lifting Ring](https://www.citywiderentalsny.com/categories/road-plates-and-trench-covers/road-plate-lifting-ring) - [Light Towers](https://www.citywiderentalsny.com/categories/light-towers) - [LED Compact Light Towers](https://www.citywiderentalsny.com/categories/light-towers/led-compact-light-towers) - [Message Boards](https://www.citywiderentalsny.com/categories/message-boards) - [Full Size Solar Message Board w/ Camera System](https://www.citywiderentalsny.com/categories/message-boards/full-size-solar-message-board-w-camera-system) - [Mini Size Message Board w/ Camera System](https://www.citywiderentalsny.com/categories/message-boards/mini-size-message-board-w-camera-system) - [Metro Size Solar Message Boards](https://www.citywiderentalsny.com/categories/message-boards/metro-size-solar-message-boards) - [Mid-Size Solar Color Message Boards](https://www.citywiderentalsny.com/categories/message-boards/mid-size-solar-color-message-boards) - [Traffic Safety Equipment](https://www.citywiderentalsny.com/categories/traffic-safety-equipment) - [Barricades](https://www.citywiderentalsny.com/categories/traffic-safety-equipment/barricades) - [Barriers](https://www.citywiderentalsny.com/categories/barriers) - [Water Filled](https://www.citywiderentalsny.com/categories/barriers/water-filled) - [Concrete](https://www.citywiderentalsny.com/categories/barriers/concrete) - [Fencing](https://www.citywiderentalsny.com/categories/fencing) - [Water Barrier Fencing](https://www.citywiderentalsny.com/categories/fencing/water-barrier-fencing) - [Concrete Fencing](https://www.citywiderentalsny.com/categories/fencing/concrete-fencing) - [Temporary Construction Fencing](https://www.citywiderentalsny.com/categories/fencing/temporary-construction-fencing) ## Sale categories - [Road Plates & Trench Covers](https://www.citywiderentalsny.com/categories/road-plates-and-trench-covers) - [Steel Road Plates](https://www.citywiderentalsny.com/categories/road-plates-and-trench-covers/steel-road-plates) - [Road Plate Lifting Ring](https://www.citywiderentalsny.com/categories/road-plates-and-trench-covers/road-plate-lifting-ring) - [Fiberglass Trench Covers](https://www.citywiderentalsny.com/categories/road-plates-and-trench-covers/fiberglass-trench-covers) - [Magnetic Load Control Safe-T-Stick](https://www.citywiderentalsny.com/categories/road-plates-and-trench-covers/magnetic-load-control-safe-t-stick) - [Non-Skid Road Plate Coat](https://www.citywiderentalsny.com/categories/road-plates-and-trench-covers/non-skid-road-plate-coat) - [Light Towers](https://www.citywiderentalsny.com/categories/light-towers) - [LED Compact Light Towers](https://www.citywiderentalsny.com/categories/light-towers/led-compact-light-towers) - [Message Boards](https://www.citywiderentalsny.com/categories/message-boards) - [Full Size Solar Message Board w/ Camera System](https://www.citywiderentalsny.com/categories/message-boards/full-size-solar-message-board-w-camera-system) - [Mini Size Message Board w/ Camera System](https://www.citywiderentalsny.com/categories/message-boards/mini-size-message-board-w-camera-system) - [Metro Size Solar Message Boards](https://www.citywiderentalsny.com/categories/message-boards/metro-size-solar-message-boards) - [Mid-Size Solar Color Message Boards](https://www.citywiderentalsny.com/categories/message-boards/mid-size-solar-color-message-boards) - [Solar Arrow Board](https://www.citywiderentalsny.com/categories/solar-arrow-board) - [Traffic Safety Equipment](https://www.citywiderentalsny.com/categories/traffic-safety-equipment) - [Cones](https://www.citywiderentalsny.com/categories/traffic-safety-equipment/cones) - [Drums / Barrels](https://www.citywiderentalsny.com/categories/traffic-safety-equipment/drums-barrels) - [Barricades](https://www.citywiderentalsny.com/categories/traffic-safety-equipment/barricades) - [Delineators](https://www.citywiderentalsny.com/categories/traffic-safety-equipment/delineators) - [Traffic Signs & Stands](https://www.citywiderentalsny.com/categories/traffic-signs-and-stands) - [Barriers](https://www.citywiderentalsny.com/categories/barriers) - [Water Filled](https://www.citywiderentalsny.com/categories/barriers/water-filled) - [Concrete](https://www.citywiderentalsny.com/categories/barriers/concrete) - [Fencing](https://www.citywiderentalsny.com/categories/fencing) - [Water Barrier Fencing](https://www.citywiderentalsny.com/categories/fencing/water-barrier-fencing) - [Concrete Fencing](https://www.citywiderentalsny.com/categories/fencing/concrete-fencing) - [Temporary Construction Fencing](https://www.citywiderentalsny.com/categories/fencing/temporary-construction-fencing) - [Site Supplies](https://www.citywiderentalsny.com/categories/site-supplies) - [Services](https://www.citywiderentalsny.com/categories/services) ## Products - [10' Concrete Jersey Barrier](https://www.citywiderentalsny.com/products/10-concrete-jersey-barrier-cgg6s8lmpjm9) - [15" Barrier Mounted Dual Spring Sign Stand for Rigid Signs](https://www.citywiderentalsny.com/products/15-barrier-mounted-dual-spring-sign-stand-for-rigid-signs-q00nvw7gnnhd) - [20' Concrete Jersey Barrier](https://www.citywiderentalsny.com/products/20-concrete-jersey-barrier-xylpgslu29bn) - [20' Tapered Concrete Left Trailing](https://www.citywiderentalsny.com/products/20-tapered-concrete-left-trailing-k6muo8s2p2rr) - [20' Tapered Concrete Right Trailing](https://www.citywiderentalsny.com/products/20-tapered-concrete-right-trailing-j32i57gl1zc1) - [22.5" Traffic Barrel Rubber Base](https://www.citywiderentalsny.com/products/225-traffic-barrel-rubber-base-xciydeg7ctg0) - [24" Reflective Stop/Slow Paddle with Retractable 94" PVC Handle](https://www.citywiderentalsny.com/products/24-reflective-stopslow-paddle-with-retractable-94-pvc-handle-j1j0gnde5zrw) - [28" Traffic Cone, Double High Intensity Reflective Collars, 7 lb. Base](https://www.citywiderentalsny.com/products/28-traffic-cone%2C-double-high-intensity-reflective-collars%2C-7-lb-base-vqxeuat0r27j) - [36" Traffic Cone, Double High Intensity Reflective Collars, 10 lb Base](https://www.citywiderentalsny.com/products/36-traffic-cone%2C-double-high-intensity-reflective-collars%2C-10-lb-base-a6vjlozauc4v) - [36" x 36" Signs](https://www.citywiderentalsny.com/products/36-x-36-signs-n043huqvj7hp) - [39" x 59" Trench Cover, LowPro 15/10](https://www.citywiderentalsny.com/products/39-x-59-trench-cover%2C-lowpro-1510-h32eo5b9lt8g) - [3M Permanent Marking Tape](https://www.citywiderentalsny.com/products/3m-permanent-marking-tape-pyeh6k3wmg87) - [4' x 8' Steel Road Plate](https://www.citywiderentalsny.com/products/4-x-8-steel-road-plate-9w8mymq1029k) - [40" Orange HD Traffic Barrel, 4 - 4" Engineer Grade Reflective Stripes](https://www.citywiderentalsny.com/products/40-orange-hd-traffic-barrel%2C-4-4-engineer-grade-reflective-stripes-yq2i9tfs69f8) - [40" Orange HD Traffic Barrel, 4 - 6" Diamond Grade Reflective Stripes](https://www.citywiderentalsny.com/products/40-orange-hd-traffic-barrel%2C-4-6-diamond-grade-reflective-stripes-okxrp116amcd) - [42" Delineator](https://www.citywiderentalsny.com/products/42-delineator-jcv8wkz1c1v8) - [43" Orange Vertical Panel](https://www.citywiderentalsny.com/products/43-orange-vertical-panel-4mpsqq7w0bl5) - [48" x 48" Signs](https://www.citywiderentalsny.com/products/48-x-48-signs-woouph6lseav) - [5' x 8' Steel Road Plate](https://www.citywiderentalsny.com/products/5-x-8-steel-road-plate-lfe7jypy76d9) - [54" Magnetic Load Control Safe-T-Stick](https://www.citywiderentalsny.com/products/54-magnetic-load-control-safe-t-stick-3fasecif67l8) - [6' I-Beam Barricade Rail with Double Sided Engineer Grade Reflective Sheeting](https://www.citywiderentalsny.com/products/6-i-beam-barricade-rail-with-double-sided-engineer-grade-reflective-sheeting-6c5jpndbq7oq) - [6' to 10' Retractable Cone Bar, Orange & White](https://www.citywiderentalsny.com/products/6-to-10-retractable-cone-bar%2C-orange-and-white-3ty791f74zq6) - [6' Urbanite Wall Barricade, Orange, No Sheeting](https://www.citywiderentalsny.com/products/6-urbanite-wall-barricade%2C-orange%2C-no-sheeting-ga4no5de5l87) - [6' x 10' Construction Fence For Barriers](https://www.citywiderentalsny.com/products/6-x-10-construction-fence-for-barriers-wsjin537e7qt) - [6' x 10' Steel Road Plate](https://www.citywiderentalsny.com/products/6-x-10-steel-road-plate-14rwcl4ddmyb) - [6' x 12' Steel Road Plate](https://www.citywiderentalsny.com/products/6-x-12-steel-road-plate-pszdffo7gj9o) - [6' x 2' x 2' Concrete Bin Block](https://www.citywiderentalsny.com/products/6-x-2-x-2-concrete-bin-block-9d25nstv0zbl) - [6' x 8' Steel Road Plate](https://www.citywiderentalsny.com/products/6-x-8-steel-road-plate-0d2toz5jur9g) - [7.5' x 11' Steel Road Plate](https://www.citywiderentalsny.com/products/75-x-11-steel-road-plate-i91ejdhnafgk) - [7' Dual Spring Sign Stand for Rigid Signs](https://www.citywiderentalsny.com/products/7-dual-spring-sign-stand-for-rigid-signs-fqwka8leil4j) - [8' x 10' Double Drive Swing Gate](https://www.citywiderentalsny.com/products/8-x-10-double-drive-swing-gate-2lubh9z3zdlm) - [8' x 10' Steel Road Plate](https://www.citywiderentalsny.com/products/8-x-10-steel-road-plate-wjq7mjvq16zy) - [8' x 10' Temporary Construction Fence w/t stand & clamps](https://www.citywiderentalsny.com/products/8-x-10-temporary-construction-fence-wt-stand-and-clamps-bu6k03vbl8gg) - [8' x 12' Steel Road Plate](https://www.citywiderentalsny.com/products/8-x-12-steel-road-plate-b29an2w9jmn0) - [8' x 16' Steel Road Plate](https://www.citywiderentalsny.com/products/8-x-16-steel-road-plate-dfe10hic5der) - [8' x 20' Steel Road Plate](https://www.citywiderentalsny.com/products/8-x-20-steel-road-plate-uk971zxoq3p2) - [A-Frame Barricade Leg](https://www.citywiderentalsny.com/products/a-frame-barricade-leg-knfet52rql9n) - [Automated Flagger](https://www.citywiderentalsny.com/products/automated-flagger-vf4zvwghb01s) - [Barricade Bracket for Solar Flashing Light](https://www.citywiderentalsny.com/products/barricade-bracket-for-solar-flashing-light-erc309cnmlxe) - [Compact LED Light Tower](https://www.citywiderentalsny.com/products/compact-led-light-tower-msem9eapytr3) - [Compact Radar Speed Trailers](https://www.citywiderentalsny.com/products/compact-radar-speed-trailers-6invtrnftbww) - [Custom Size Sign](https://www.citywiderentalsny.com/products/custom-size-sign-x62afgtc4cdj) - [Delineator Base](https://www.citywiderentalsny.com/products/delineator-base-hnpxqphinstt) - [Detectable Warning Tile 2' X 4' C.I.P. - Safety Red ](https://www.citywiderentalsny.com/products/detectable-warning-tile-2-x-4-cip-safety-red-hy7xtal0cqid) - [Detectable Warning Tile 2' X 5' C.I.P. - Safety Red](https://www.citywiderentalsny.com/products/detectable-warning-tile-2-x-5-cip-safety-red-al9d8s0fnsdz) - [Fence Panel 2001 MB w/t Grommets & Panel Clamps](https://www.citywiderentalsny.com/products/fence-panel-2001-mb-wt-grommets-and-panel-clamps-yo6x73k8gett) - [Full Size Message Board w/ Camera System](https://www.citywiderentalsny.com/products/full-size-message-board-w-camera-system-y0ux3t95t784) - [Full Size Solar Message Board](https://www.citywiderentalsny.com/products/full-size-solar-message-board-eg1p387rvf4j) - [Green Privacy Screen](https://www.citywiderentalsny.com/products/green-privacy-screen-bddytjse6e4f) - [I-Beam Barricade Leg ](https://www.citywiderentalsny.com/products/i-beam-barricade-leg-9w7g73qgcqmx) - [Light Tower Service](https://www.citywiderentalsny.com/products/light-tower-service-1wkiapm8ndpa) - [Metro Size Solar Message Board](https://www.citywiderentalsny.com/products/metro-size-solar-message-board-3yhqggzznu2d) - [Mid-Size Color Message Board](https://www.citywiderentalsny.com/products/mid-size-color-message-board-mq75ugqhqb6p) - [Mini Size Solar Message Board w/ Camera System](https://www.citywiderentalsny.com/products/mini-size-solar-message-board-w-camera-system-cchq9gwmkl93) - [Non-Skid Road Plate Coat- Battleship Gray (5 Gallon Pail)](https://www.citywiderentalsny.com/products/non-skid-road-plate-coat-battleship-gray-5-gallon-pail-ebgutun7hies) - [Non-Skid Road Plate Coat- Tile Red (5 Gallon Pail)](https://www.citywiderentalsny.com/products/non-skid-road-plate-coat-tile-red-5-gallon-pail-qa94zovc5clg) - [Orange Safety Fence](https://www.citywiderentalsny.com/products/orange-safety-fence-i2c5crzqb1mr) - [Programmable Solar Light Tower](https://www.citywiderentalsny.com/products/programmable-solar-light-tower-qg2nwer0cof9) - [Road Plate Lifting Ring](https://www.citywiderentalsny.com/products/road-plate-lifting-ring-578lf765hja2) - [Silt Fencing](https://www.citywiderentalsny.com/products/silt-fencing-v4t2lv2pufw5) - [Single Spring Aluminum Sign Stand](https://www.citywiderentalsny.com/products/single-spring-aluminum-sign-stand-hd1h4bhceyo1) - [Solar Arrow Board](https://www.citywiderentalsny.com/products/solar-arrow-board-3mijyloprf6b) - [Solar Flashing Light](https://www.citywiderentalsny.com/products/solar-flashing-light-ozi8ajo0uonb) - [Solar Surveillance System](https://www.citywiderentalsny.com/products/solar-surveillance-system-fotit9ffu3fc) - [SupaGrip Wheelchair Ramp](https://www.citywiderentalsny.com/products/supagrip-wheelchair-ramp-3ws5f3es08bt) - [T-Board 2" x 8" x 6' Engineer Grade Sheeting](https://www.citywiderentalsny.com/products/t-board-2-x-8-x-6-engineer-grade-sheeting-y9m1qy1emb0b) - [T-Board 2" x 8" x 8' Engineer Grade Sheeting](https://www.citywiderentalsny.com/products/t-board-2-x-8-x-8-engineer-grade-sheeting-p4qn2bjxkrrk) - [Transport Road Plates](https://www.citywiderentalsny.com/products/transport-road-plates-mjmwcn1r6op4) - [TruFuel Premixed 50:1 Fuel - 32oz Can](https://www.citywiderentalsny.com/products/trufuel-premixed-501-fuel-32oz-can-gygczpqhey3b) - [TruFuel Premixed 50:1 Fuel -110oz can](https://www.citywiderentalsny.com/products/trufuel-premixed-501-fuel-110oz-can-9zrt7g0spo27) - [Type III Barricade](https://www.citywiderentalsny.com/products/type-iii-barricade-d2y0np7w13y0) - [Vertical Panel, 30 lb Black Rubber Base](https://www.citywiderentalsny.com/products/vertical-panel%2C-30-lb-black-rubber-base-aeo8zzyl5dud) - [Water Filled Barrier 2001 MB - Orange](https://www.citywiderentalsny.com/products/water-filled-barrier-2001-mb-orange-08smxgdq9ump) - [Water Filled Barrier 2001 MB - White](https://www.citywiderentalsny.com/products/water-filled-barrier-2001-mb-white-mqzl9c7dxbtq) ## Rental agreement TO THE EXTENT ANY ITEMS ARE INCONSISTENT WITH THE TERMS AND CONDITIONS ATTACHED HERETO AND MADE A PART HEREOF, THE TERMS AND CONDITIONS SHALL GOVERN. YOU ARE TO ASSUME FULL RESPONSIBILITY FOR EQUIPMENT DURING RENTAL PERIOD AND ARE TO RETURN IT TO US IN AS GOOD CONDITION AS RECEIVED LESS WEAR INCIDENT TO NORMAL USE IN THE HANDS OF A COMPETENT OPERATOR. WE ASSUME NO LIABILITY FOR LOSS OR DAMAGE ON ACCOUNT OF ACCIDENTS, DELAYS DUE TO DEFECTIVE MATERIAL OR TO MOTOR OR ENGINE TROUBLES, OR DELAYS IN THE DELIVERY OR REMOVAL OF EQUIPMENT. YOU AGREE TO INDEMNIFY US AND THE OPERATOR AGAINST ALL LOSS DAMAGE EXPENSE, AND PENALTY ARISING FROM ANY ACTION ON ACCOUNT OF PERSONAL INJURY OR DAMAGE TO PROPERTY OCCASIONED BY THE OPERATION, HANDLING OR TRANSPORTATION OF THIS EQUIPMENT DURING THE RENTAL PERIOD. YOU SHALL MAINTAIN DURING THE TERM OF THIS AGREEMENT COMPREHENSIVE GENERAL LIABILITY INCLUDING CONTRACTUAL WITH LIMITS NO LESS THAN 1,000,000 PER OCCURRENCE, 2,000,000 GENERAL AGGREGATE. A CERTIFICATE OF INSURANCE INDICATING COVERAGE TO BE FURNISHED. IT IS UNDERSTOOD AND AGREED THAT WE SHALL BE HELD HARMLESS FROM ALL COURT ACTIONS AND ALL CLAIMS FOR INJURIES TO PERSONS OR PROPERTY OCCASIONED THROUGH THE USE OF THIS EQUIPMENT WHILE IN YOUR POSSESSION. WE RESERVE THE RIGHT, IF RENTAL IS IN DEFAULT UNDER THE TERMS OF THIS AGREEMENT, OR IF IN OUR OPINION EQUIPMENT IS BEING DAMAGED IN EXCESS OF ORDINARY WEAR AND TEAR, TO TAKE POSSESSION OF OUR PROPERTY AT ONCE. NOTICE: THIS AGREEMENT SHALL NOT BE DEEMED ACCEPTED OR BINDING UPON CITYWIDE RENTALS INC., "CWR" UNLESS SIGNED BY AN AUTHORIZED REPRESENTATIVE OF CWR AND CUSTOMER OR UNLESS PERFORMANCE HAS COMMENCED BY CWR IN PROVIDING THE EQUIPMENT TO THE CUSTOMER. IF SHIPMENT OF THIS EQUIPMENT IS ORDERED BY LESSEE WHO NEGLECTS TO RETURN THIS CONTRACT SIGNED, IT SHALL BE CONSIDERED AS IN FULL EFFECT WHEN SUCH EQUIPMENT IS MADE AVAILABLE TO CUSTOMER. I UNDERSTAND AND ACCEPT ALL CONDITIONS AND TERMS STATED ON THE FRONT AND BACK OF THIS FORM. ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS AGREEMENT. CUSTOMER IS RESPONSIBLE TO RETURN ALL ACCESSORIES OR SAFETY DEVICES WHEN RENTAL AGREEMENT IS TERMINATED. ## Terms and conditions This Agreement (“Agreement”) is for the rental of the equipment described on the other side of the page (“Front”), including all parts of and accessories to such equipment (“Equipment”). This Agreement is between the person(s) or entity(ies) indicated on the Front as the customer (“Customer”) and CWR: Citywide Rentals Inc. (“CWR”). Both parties acknowledge that this Agreement consists solely of all the terms written or printed on both sides of this page. 1. NATURE OF THIS AGREEMENT: This Agreement is solely for the purpose of creating a rental transaction, which allows Customer to use the Equipment as permitted by this agreement. Customer represents that the Equipment herein is to be used solely and exclusively for business and commercial purposes. The Equipment is owned by CWR Customer acknowledges that no one other than CWR may transfer the Equipment ort any rights or obligations under this Agreement. Any attempted transfer pf the Equipment by anyone other than CWR is void. Neither Customer nor any Additional Operators are agents of CWR. No one may service or repair the Equipment without CWR’s prior express approval. Customer will not suffer any liens or encumbrances to attach to the Equipment and will defend, indemnify and hold CWR harmless from all loss, liability, and expense by reason thereof. 2. WHO MAY OPERATE THE EQUIPMENT: Only Customer and the following persons with Customer’s permission (“Authorized Operators”) may operate the Equipment. Customer’s employer, employees, fellow employees in the course of such employee’s regular employment or persons approved by CWR in writing. Customer and all Authorized Operators must be at least 21 years old, be properly qualified to operate the Equipment and have a valid operator’s license with respect to the Equipment where required by law. Customer assumes full responsibility for any unauthorized use. 3. RENTAL CHARGES: Customer will pay CWR on demand at the CWR branch designated on the Front, all rental time, mileage service, transportation, refueling service, and other charges and sums in accordance with this Agreement, all sales and use taxes or tax reimbursement imposed with respect to the Equipment and this Agreement and all expenses including reasonable attorney fees, incurred in collecting same. Rental rates are defined by the following: Day= 1 day, Week= 7 days, Month= 28 days. The basic daily, weekly and monthly rental will entitle Customer to a maximum of one shift use (i.e., a maximum of 8 per day, 40 hours per week, 160 hours per month). Use in excess of one shift will be payable of an hourly rate of 1/8th of the daily charge (for daily rental), 1/40th of the weekly rental (for a weekly rental) and 1/160th of the monthly charge (for a monthly rental) plus applicable taxes. All charges are subject to final audit by CWR. CWR will have a lien as allowed by the law for charges incurred hereunder upon the premises and improvements upon which the Equipment is employed. Rentals are F.O.B. the CWR branch designated on the Front unless otherwise specified. Shipping charges form such branch to the Customer & designation and return and all loading, unloading, assembling and dismantling will be paid by the Customer. All rates for rentals in excess of one (1) month are subject to change on thirty (30) days notice in writing to the Customer with respect to any portion of the rental period then remaining. Customer and any person to whom with CWR’s consent, Customer expressly directs the charges incurred under this Agreement to be billed, are jointly and severally responsible for all payment of all such charges. Customer represents having the authority to direct such charges to be billed to that person. Charges not paid on time as required by this Agreement, may be subject to a late payment fee as provided in Paragraph 15 of this Agreement. Customer may also be charged a reasonable fee for any check used for payment hereunder that is returned unpaid. 4. CUSTOMER RESPONSIBILITIES: Customer must return the Equipment to CWR in the same good and clean condition it is when Customer receives it, ordinary wear is excepted. Ordinary wear and tear shall not include damage resulting from misuse, improper maintenance, overloading, exposure to extreme weather, or operation by unauthorized persons. The equipment must be returned to CWR at the CWR branch from which it was rented by the Due Date specified on the Front or sooner if demanded by CWR. Customer acknowledges that it must confirm return receipt of the Equipment by CWR at the expiration or earlier termination of this Agreement. Until such time as CWR receives actual possession of the Equipment, Customer agrees to hold said Equipment in a safe and secure manner. The equipment will be used solely in Customer’s business and kept only at Customer’s place of business or the job site at which the Equipment is used and will not be moved without the prior written consent of CWR. The equipment will be used only in accordance with the manufacturer’s instructions within its related capacity. Customer will notify CWR immediately if any accident, damage, or failure involving the Equipment and promptly furnish CWR all information in writing and assistance required by CWR in connection therewith. Customer will perform or cause to be performed and pay for all normal periodic and other basic service, adjustments and lubrication of the Equipment, including but not limited to checking of the Equipment before each shift, checking and crankcase, transmission, cooling and fluid systems daily and checking tire pressures and battery fluid and charge levels weekly. If the Equipment fails to operate properly or becomes in need of repair, Customer will immediately cease using Equipment and will immediately notify CWR. Customer will record and supply to CWR at expiration or earlier termination of this Agreement fuel receipts and driver trip records containing mileage breakdowns by state. Failure to comply with the foregoing fuel and mileage requirements will entitle CWR to $0.05 per unrecorded miles as additional rent hereunder which Customer herby agrees to pay. Customer further agrees, at Customer’s sole cost and expense to secure and maintain in force during the entire term of this Agreement insurance satisfactory to CWR including but not limited to the requirements set forth in Paragraph 9 for the benefit of CWR as Lessor of the Equipment. IF THE EQUIPMENT IS USED IN ANY MANNER THAT WOULD CONSTITUTE A DEFAULT UNDER PARAGRAPH 6, OR IN VIOLATION OF THIS AGREEMENT, OR IS OBTAINED FROM CWR BY FRAUD OR MISINTERPRETATION, OR IS USED IN FURTHERANCE OF ANY ILLEGAL PURPOSE All SUCH USE OF THE EQUIPMENT IS WITHOUT CWR’S PERMISSION. 5. RISK OF LOSS: All loss of or damage to the Equipment form any cause whatsoever while on rental or in Customer care, custody or control, whether exclusive or not, and whether or not due to the fault of Customer, including but not limited to fire, flood, theft, comprehensive losses, collision and rollover, and Acts of God will be the sole responsibility of Customer will be paid to CWR promptly upon Customer’s receipt of an invoice therefor. Such responsibility is limited to the full value of the Equipment at the time it is lost of damaged, plus an administrative fee and CWR’s related expenses, such as loss of use, appraisal fees or recovery costs. THE COST OF LABOR FOR SUCH REPAIRS WILL BE EITHER CWR’S THEN PREVAILING HOURLY RATE FOR LABOR POSTED AT THE CWR BRANCH WHERE THE EQUIPMENT IS TO BE REPAIRED OR THE REPAIRERS HOURLY RATE FOR LABOR CHARGED TO CWR FOR SUCH REPAIRS AS THE CASE MAY BE. Parts will be charged at CWR’s cost therefore as charged to CWR by supplier or the repairer, as the case may be, use of Equipment by persons other than the Customer of Authorized Operators will be Customer’s sole risk. Customer and any Authorized Operators hereby assume all risk of loss or damage and wave all claims against CWR by reason of any property left, sorted, loaded or transported by Customer or any other person in or upon the Equipment and further agree to indemnify and hold harmless CWR, its subsidiary and affiliated companies, parent company and its their officers, agents and employees, from and against all loss liability claim, action or expense, including but not limited to reasonable attorney fees arising out of such loss or damage. 6. EVENTS OF DEFAULT. Customer shall be in default of this Agreement if Customer fails to pay any rent when due or if Customer breaches any of the other terms of the Agreement or if Customer becomes insolvent or ceases to do business as going concern , or if a petition in bankruptcy is filed by or against Customer and CWR. Customer will further be deemed to be in default if the Equipment is used, (A) to carry persons for hire; (B) to carry persons other than Authorized Operators or helpers employees by Customer (unless authorized by CWR on the Front) all of whom will ride only within the cab of the Equipment and then only if such carriage is lawful; (C) to transport property for hire unless Customer obtains all necessary permits and licenses; (D) in violation of any law or ordinance; (E) in any race, lest or contest; (F) in a reckless, negligent or abusive manner or is intentionally damaged by Customer or with Customer’s permission; (G) for the carrying or hauling of explosives or other hazardous material in a manner inconsistent or in violation of applicable laws, rules or regulations; (H) in violation of Paragraph 4 above or (t) in any fashion or manner for which the Equipment was not designed or beyond the manufacturer’s rated capacity of the Equipment. 7. REMEDIES OF CWR: In case of default by Customer or if CWR deems itself insecure, CWR may reclaim the Equipment with or without process of law after providing 24-our written notice, except in cases of imminent risk of damage, loss or default. Customer waives any claims for trespass in connection therewith. R default. CWR may also peacefully enter the premises where the Equipment is located and render if inoperative. Customer hereby waives any right to any hearing or to receive any notice of legal process, as pre-condition fir CWR recovering the Equipment. Customer agrees to permit such entry and action by CWR: In such case CWR may also terminate this agreement without notice to Customer or prejudice to any remedies or claims which CWR may or might otherwise have for rent, expense of retaking, court costs and reasonable attorney’s fees in addition. Customer will pay to CWR a sum equal to the balance of the rent and other payments caked for hereunder fir the remainder of the rental term specified on the Front as liquated damage not as a penalty. Customer will remain term specified on the Front as liquated damages and not notwithstanding such termination CWR shall have the right to issue and circulate theft notices, cause and/or take any other steps which CWR will reasonably deem necessary to recover the Equipment: if the equipment is not returned on the date specified on the Front or sooner as permitted by the terms of the Agreement. The remedies provided herein in favor of CWR are not exclusive but shall be cumulative and in addition to all other remedies existing at law or un equity and one or more of which may be exercised simultaneously or successively. 8. LOSS AND DAMAGE WAIVER: If the equipment us used with CWR’s permission and in compliance with this Agreement and if Customer accepts the “Loss and Damage Waiver” option (“LDW”) which is NOT INSURANCE, at the beginning of rental by initialing the LDW Accepts Bix on the Front and pays the additional charges specified therefore, specified on the Front, at the rate so specified in the “LOSS AND DAMAGE WAIVER GUIDE” provided herewith Customer’s responsibility to CWR for the loss of or damage to the Equipment exceeding the larger of the following effect on the date of this Agreement is entered into. per item of Equipment. Without regard to the rental period of this Agreement. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS PARAGRAPH 8 CUSTOMER RESULTS FROM: (a) THE USE OF OPERATION OF THE EQUIPMENT AND PARAGRAPH 6 OF THIS AGREEMENT OR IF THE EQUIPMENT IS LOST OR DAMAGED UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: (l) the use of operation of Equipment, or improper loading, with a load exceeding the manufacturers capacity of the Equipment, or improperly securing such load or improper coupling. (ll) the loss of or damage to Equipment during periods of riot, strike, or civil commotion: (lll) striking overhead objects with the Equipment: (lV) loss or damage occurring during the loading, unloading or transportation of the Equipment, unless such loss or damage ( excluding the damage caused by the striking of overhead objects, which Customer assumes) occurs as a direct result of a collision with a licensed motor vehicle being operated by a third party and the loading, unloading and transportation was being conducted in a lawful manner provided, however that all loss or damage occurring during the course of waterborne transportation is at Customers sole risk: (V) use or operation Equipment in a hostile or warlike manner in time of peace or war; (Vl) the loss of or damage to tires or tools unless caused by fire, windstorm, vandalism, or malicious mischief, or is coincident with any other protected loss or damage; (Vll) the loss or damage of Equipment by explosion, nuclear reaction, nuclear radiation or radioactive contamination, or exposure to hazardous materials, all whether or controlled or uncontrolled and whether such loss or damage be direct or indirect, proximate or remote, or be in whole or part caused by contributed to, or aggravated by any other loss or damage; (Vlll) boom damage from overloading of a boom or from a collision involved when a boom is in motion. (lX) all loss or damage associated with Equipment’s rollover. (X) mysterious disappearance of the Equipment or theft or conversion of the Equipment not documented by Customer’s prompt filling with the applicable public authorities (with a copy to CWR) of a formal written theft or conversion report; and (Xl) any other failure of Customer to comply with Paragraph 12 of this Agreement. 9. CUSTOMERS INSURANCE OBLIGATION: Customer will at its expense at all times during the term of this agreement, maintain in force general liability and property damage insurance with a limit of liability for bodily injury, including death of 1,000,000 for each person in each accident, and with a limit of liability of 2,000,000 for all persons in each accident, and with a limit of liability for property damage of 1,000,000 for each accident, on a primary and not in excess or contributory basis, against Customer’s liability for damage sustained by any person or persons, including, but not limited to agents or employees of Customer, as a result of the maintenance, use, operation, possession, storage, erection, dismantling, serving or transportation of the Equipment. Customer shall maintain property insurance covering the Equipment with coverage at least equal to the full replacement value of same. In connection therewith, CWR shall be named as an additional insured and loss payee in connection therewith. Customer will on demand furnish CWR a certificate evidencing such insurance, endorsed to show that such insurance may not be cancelled or materially modified except on thirty (30) days prior written notice to CWR at the CWR branch shown on the Front. Customer shall name CWR as “Additional Insured” on their general liability certificate of insurance. Customer’s failure to provide evidence of insurance to CWR upon demand will entitle CWR to procure insurance for Customer’s benefit, the cost of which will be paid by Customer as additional rent hereunder. Customer agrees to abide by all of the terms and conditions of said insurance. Customer, its agents and employees will cooperate fully with CWR and Customer’s insurer in the investigation, prosecution and or defense of any claim or suit arising therefrom and will do nothing to impair or invalidate the applicable insurance coverage, CWR acquiescence in Customer’s certificate(s) of insurance will not be deemed a waiver or modification of Customer’s insurance, indemnity or any other obligations under this agreement. The aforesaid customer insurance obligation in no way limits Customer’s ultimate liability hereunder. 10. CUSTOMERS OBLIGATION TO INDEMNIFY: For and in additional consideration of providing the Equipment herein, Customer will defend indemnify and hold harmless CWR its subsidiaries, parent company and its and their officers, agents and employees, from and against all loss, liability claim, action or expense, including reasonable attorneys’ fees, by reason of bodily injury, including death, and property damage sustained by any person or persons, including but not limited to employees of Customer, as a result of the maintenance, use, possession, operation, erection, dismantling, servicing or transportation of the Equipment or Customer’s failure to comply with the terms of this agreement, except to the extent caused solely by the gross negligence or the intentional wrongful act of CWR. 11.CUSTOMERS COMPLIANCE WITH THE LAW: Customer agrees to defend, indemnify, and hold harmless CWR, its parent company, subsidiaries, affiliates, officers, directors, agents, employees, and assigns from and against any and all losses, liabilities, claims, demands, damages, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: a. Bodily injury (including death) or property damage sustained by any person, including Customer’s employees or third parties, resulting from the operation, maintenance, possession, transportation, erection, dismantling, or use of the Equipment. b. Breach of this Agreement by Customer, including but not limited to failure to return Equipment, failure to maintain required insurance, unauthorized modifications, or improper maintenance. c. Regulatory fines or penalties, including OSHA, EPA, or local safety violations related to the Equipment’s use or operation. d. Environmental liabilities, including contamination, spills, or hazardous material exposure due to Customer’s operation or storage of the Equipment. e. Unauthorized use or operation of the Equipment, including but not limited to operation by unqualified or unauthorized persons. f. Claims by third parties (including subcontractors, site owners, or other contractors) arising from Customer’s negligent or improper use of the Equipment. However, Customer’s indemnification obligations shall not apply to the extent that any claim or liability is caused solely by CWR’s gross negligence or intentional misconduct. 12. NOTICE OF LOSS OR ACCIDENT. In the event of the loss or theft or damage to the Equipment Customer agrees to notify CWR immediately by telephone and thereafter to immediately report in writing to CWR and the public authorities (where required by law or by CWR) all information deemed relevant thereto on CWR. Customer will cause its agents and employees to give CWR and the public authorities proper and full information and assistance in the investigation and prosecution of any matter resulting from said loss, theft or damage. 13. CONDITION OF THE EQUIPMENT: Customer acknowledges having examined the Equipment upon its delivery to Customer. Customer’s acceptance or use of the Equipment without prompt notice to CWR that the Equipment is not in good mechanical condition constitutes Customer’s acknowledgement that the Equipment is in good mechanical condition at that time. If, during Customer’s possession of the Equipment it is found by Customer not to be in good mechanical condition as a result of conditions not the responsibility hereunder nor caused by the fault or negligence of Customer or Customer’s employees or agents. Customer will so notify CWR whereupon CWR will then at its option and without any other liability or responsibility by CWR to Customer: (a) repair or suitably replace the Equipment within a reasonable time during CWR’s normal working hours with the commencement or running of the terms of the Agreement to be tolled for the period the Equipment is “down” or (b) remove the Equipment and terminate this agreement and refund payments of rental charges, if any, for the unexpired term of the Agreement less whatever is due CWR for damage to or maintenance of Equipment, which is the responsibility of Customer. Customer agrees to provide full access to the Equipment to CWR’s representatives so as to enable CWR to meet its responsibilities hereunder. Notwithstanding the foregoing provisions of this Paragraph 13. Customer agrees to identify and hold harmless CWR, its subsidiary and affiliated companies, parent company and its and their officers, agents, and employees, to the extent provided in paragraph 10 of this Agreement. THE FOREGOING IS IN LIEU OF (l) ALL WARRANTIES EXPRESS IMPLIED OR STATUTORY. INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE: AND OF (ll) ALL OBLIGATIONS OR LIABILITY ON THE PART OF CWR TO CUSTOMER DAMAGES. INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LEASING, MAINTENANCE USE, OPERATION STORAGE, ERECTION, DISMANTLING OR TRANSPORTATION OF THE EQUIPMENT. 14. FORCE MAJEURE/INFRINGEMENT: Any failure of performance by CWR due to causes beyond CWR’s reasonable control including, but not limited to acts of civil or military authority. Acts of God, labor difficulties, failure of transportation and delays of suppliers will not be deemed to be a default by CWR. CWR will not be liable to Customer for infringement of any type resulting from the leading performance or use of the Equipment and services provided hereunder. 15. LATE PAYMENT FEE: Should Customer fail to pay any invoice to CWR in accordance with the terms of such invoice, Customer will pay a late payment fee to CWR on such delinquent payment until fully paid at the maximum rate allowed by laws of the jurisdiction in which the CWR branch specified on Front is located. 16. REFUELING SERVICE CHARGE: CWR agrees to provide the Equipment to Customer with full fuel tanks. Customer agrees to return the Equipment with full fuel tank(s) if Customer returns the Equipment with fuel tank(s) less than full Customer will pay to CWR a sum equal to CWR’s then applicable refueling service charge posted at CWR’s branch where the Equipment is returned for the number of gallons required to refuel the tank(s) at the time of return. 17. ATTORNEYS FEE: In the event of any action to enforce this Agreement or to book a declaration of rights or responsibilities hereunder, the prevailing party will be entitled to reasonable attorney’s fees in addition to all other costs and expenses allowed by law. 18. MERGER/MODIFICATION/SEVERABILITY: This Agreement expresses the entire agreement between the parties with a respect to the subject of matter hereof. No change, modification or alteration of the terms hereof will be effective as against CWR unless same is in writing and signed by a duty authorized officer of CWR. Customer’s execution of this instrument and/or acceptance of delivery of any part of the Equipment to be furnished hereunder shall constitute Customer’s acceptance of all of the terms and conditions contained herein and the exclusion of any terms and conditions otherwise stated by the Customer or contained in any of Customer’s documents that conflict with or limit in any way any of the terms and conditions not be used to expand or limit the actual terms and conditions hereof. This agreement shall be governed and construed in all respects by the laws of the STATE of NEW YORK. Customer consents to the jurisdiction of the Courts of the State of New York and County of Queens and the United States District Court for the Eastern District of New York as exclusive forums for resolution of any disputes regarding this agreement or any claims for loss or damages arising therefrom. If any provisions, or any part of any provision of this Agreement or the application thereof and to this end the provisions of this Agreement are declared severable. powered by Renterra