GENERAL TERMS & CONDITIONS
HOURS OF OPERATION: GENERAL OFFICE HOURS ARE MONDAY – FRIDAY, 8 A.M. – 5 P.M. SERVICES ARE AVAILABLE AND PROVIDED ON AN AS NEEDED BASIS TO MEET OUR CUSTOMERS’ REQUIREMENTS. LOCAL MANAGERS ARE ON-DUTY 24HRS/DAY TO ASSIST WITH EMERGENCIES AND LAST-MINUTE NEEDS. FOR ASSISTANCE WITH RENTED EQUIPMENT, CALL THE “ON CALL” NUMBER FOUND IN UPPER RIGHT-HAND CORNER OF AGREEMENT/WORK ORDER, THE LOCAL NUMBER (WORK ORDER TOP-CENTER) OR OUR CORPORATE OFFICES 1.800.899.8877
PRICING: QUOTED PRICES MAY NOT INCLUDE APPLICABLE STATE & LOCAL TAX OR VARIABLE COSTS SUCH AS IN-BOUND FREIGHT, ITA DELIVERY AND/OR ASSOCIATED LABOR CHARGES. CUSTOMER AGREES TO PAY TOTAL CHARGES DUE
PAYMENT: ALL ORDERS ARE SHIPPED PAYMENT COLLECT UNLESS INVOICED WITH APPROVED CREDIT. ACCEPTABLE FORMS OF PAYMENT ARE CASH, COMPANY CHECK, AMERICAN EXPRESS, VISA OR MASTERCARD. PERSONAL CHECKS ARE ALSO ACCEPTED WITH APPROPRIATE IDENTIFICATION. CUSTOMER AGREES TO PAY A SERVICE CHARGE OF $35.00 APPLIED TO EACH RETURNED PAYMENT CHECK. WITH APPROVED CREDIT ALL ITA CHARGES ARE DUE AND PAYABLE IN FULL WITHIN 20 DAYS FROM DATE OF INVOICE. INVOICES NOT PAID TO TERM WILL FORFEIT PROFFERED PAYMENT-TO-TERM DISCOUNTS AND CUSTOMER AGREES INVOICE SHALL BE SUBJECT TO INTEREST FROM DUE DATE AT A RATE OF 18% PER ANNUM. CUSTOMER FURTHER AGREES TO PAY ITA’S COLLECTION COSTS AND ATTORNEY’S FEES, EXCEPT IN CONSUMER TRANSACTIONS.
INDEMNIFICATION: UNLESS RESULTING IN WHOLE OR IN PART FROM INTENTIONAL ITA MISCONDUCT OR NEGLIGENCE – ITA IS NOT RESPONSIBLE AND SHALL NOT BE HELD LIABLE FOR ANY INJURY OR DAMAGE THAT RESULTS FROM OR RELATES IN ANY WAY TO EQUIPMENT, ACCESSORY ITEMS, GOODS, MATERIALS, MERCHANDISE OR PARTS PURCHASED, RENTED OR SERVICED (COLLECTIVELY “EQUIPMENT”). UNLESS CAUSED BY INTENTIONAL MISCONDUCT OR NEGLIGENCE OF ITA IN WHOLE OR IN PART, CUSTOMER WILL INDEMNIFY ITA AGAINST AND HOLD HARMLESS FROM, ANY AND ALL OF FOLLOWING (“CLAIMS AGAINST ITA”): CLAIMS, ACTIONS, PROCEEDINGS, EXPENSES, DAMAGES, LIABILITIES, LOSSES, OBLIGATIONS, INJURIES, DEATHS, PENALTIES, LIENS, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES (INCLUDING ANY OF FOREGOING ARISING OR IMPOSED WITHOUT CUSTOMER’S FAULT OR NEGLIGENCE, OR UNDER DOCTRINE OF “STRICT LIABILITY”) ARISING IN CONNECTION WITH EQUIPMENT. CUSTOMER AGREES, UPON WRITTEN NOTICE OF ASSERTION OF ANY CLAIMS AGAINST ITA, TO ASSUME FULL RESPONSIBILITY FOR DEFENSE THEREOF. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS (“AGREEMENT”) WHETHER BY PASSAGE OF TIME OR OTHERWISE.
GOVERNING LAW/JURISDICTION: THIS AGREEMENT AND THE RESPECTIVE RIGHTS AND OBLIGATIONS OF PARTIES SHALL BE GOVERNED AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF OHIO. ITA AND CUSTOMER AGREE THAT ANY ACTION BROUGHT BY ANY PARTY IN CONNECTION WITH THIS AGREEMENT SHALL BE BROUGHT IN THE COURTS OF HAMILTON COUNTY, OHIO, AND IN NO OTHER COURT OR PLACE, AND EACH CONSENT TO THE JURISDICTION OF THE COURTS OF HAMILTON COUNTY, OHIO.
MODIFICATION: NO CUSTOMER PURCHASE ORDER OR MODIFICATION, AMENDMENT, DISCHARGE, SUBSTITUTION OR WAIVER OF THIS AGREEMENT SHALL BE BINDING UPON ITA UNLESS ACCEPTED/AGREED IN WRITING AND SIGNED BY A DULY AUTHORIZED OFFICER OF ITA, INC.
LEGAL CONSTRUCTION: IF ANY ONE OR MORE OF THE PROVISIONS CONTAINED IN THIS AGREEMENT ARE HELD TO BE INVALID, ILLEGAL, OR UNENFORCEABLE IN ANY RESPECT, THE INVALIDITY, ILLEGALITY, OR UNENFORCEABILITY SHALL NOT AFFECT ANY OTHER PROVISION AND THIS AGREEMENT SHALL BE CONSTRUED AS IF THE INVALID OR UNENFORCEABLE PROVISION HAD NEVER BEEN CONTAINED IN IT.
EXCEPT AS EXPRESSLY PROVIDED: THERE IS NO WARRANTY OR GUARANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SERVICES PERFORMED OR PARTS FURNISHED BY ITA
EQUIPMENT RENTAL
RESPONSIBILITY: CUSTOMER AGREES THAT IT WILL USE EQUIPMENT AT ITS OWN RISK AND WILL ACT WITH REASONABLE CARE AND CAUTION IN OPERATION OF EQUIPMENT. CUSTOMER HAS OR WILL BE GIVEN OPPORTUNITY TO INSPECT AND ACKNOWLEDGES EQUIPMENT DELIVERED UNDER THIS AGREEMENT TO BE IN GOOD CONDITION AND WORKING ORDER AND AGREES TO RETURN SAME TO ITA IN SAME CONDITION. CUSTOMER AGREES TO IMMEDIATELY NOTIFY ITA’S MANAGER-ON-DUTY OF ANY AND ALL PROBLEMS OR CONCERNS.
CHARGES: CUSTOMER ACCEPTS FULL FINANCIAL RESPONSIBILITY OF EQUIPMENT FROM TIME OF RECEIPT OR DELIVERY UNTIL EQUIPMENT IS RETURNED TO ITA’S CARE, CUSTODY AND CONTROL. CUSTOMER AGREES TO PAY ALL RENTAL CHARGES FOR EQUIPMENT DELIVERED AT DAILY RATES SET FORTH IN AGREEMENT FOR EACH DAY OR PARTIAL DAY UNTIL EQUIPMENT IS RETURNED TO ITA.
DAMAGE CHARGE: CUSTOMER AGREES TO RETURN EQUIPMENT TO ITA IN SAME CONDITION AND WORKING ORDER AS EQUIPMENT WAS IN AT TIME OF DELIVERY OR RECEIPT. IF ITA DETERMINES THAT EQUIPMENT HAS NOT BEEN RETURNED IN SAME CONDITION, ITA, AT ITS DISCRETION, MAY REQUIRE CUSTOMER TO EITHER REPAIR OR REPLACE EQUIPMENT. ANY EQUIPMENT NOT RETURNED WITHIN 7 DAYS OF RETURN DATE & TIME DESCRIBED ON REVERSE SIDE SHALL BE DEEMED LOST OR STOLEN AND CUSTOMER’S CREDIT CARD ACCOUNT WILL BE CHARGED FOR REPLACEMENT COST OF EQUIPMENT OR CUSTOMER WILL BE INVOICED FOR REPLACEMENT COSTS OF EQUIPMENT NOT RETURNED TO ITA.
CANCELLATIONS: IF ORDER IS CANCELED EN ROUTE OR UPON DELIVERY, ITA SHALL RETAIN 50% OF ONE DAY’S RENTAL CHARGE FOR ITA EQUIPMENT AND 100% OF CHARGES FOR SUBLET EQUIPMENT, DELIVERY AND SCHEDULED LABOR FOR DAY; IF CANCELED PRIOR TO LEAVING ITA AND WITHIN 24 HOURS OF DELIVERY, ITA SHALL RETAIN 25% OF ONE DAYS RENTAL CHARGE FOR ITA EQUIPMENT AND 100% OF CHARGES FOR SUBLET EQUIPMENT AND SCHEDULED LABOR; AND CREDIT REMAINING CHARGES
DELIVERY: DELIVERY & PICK UP SERVICE IS AVAILABLE AND IS REQUIRED AT A CHARGE WHEN RENTING CERTAIN ITEMS. CUSTOMER PICK-UP (CPU) ORDERS MAY BE PICKED UP AFTER 3:00 P.M. ON DAY PRIOR TO DAY(S) OF INTENDED USAGE AND MUST BE RETURNED BEFORE 10:00 A.M. ON DAY FOLLOWING USAGE TO AVOID ADDITIONAL RENTAL USAGE CHARGES. EARLY CPU’S OR LATE RETURNS MUST BE PREAUTHORIZED IN WRITING TO AVOID INCURRING AN ADDITIONAL CHARGE.
DEPOSITS: A SECURITY OR DAMAGE DEPOSIT IS REQUIRED WHEN A C.O.D. CUSTOMER PICKS-UP OR RETURNS RENTAL EQUIPMENT THEREBY FOREGOING ITA DELIVERY OR PICK-UP SERVICES, AND MAY BE OTHERWISE REQUIRED AT ITA DISCRETION. A CUSTOMER MAY CHARGE DEPOSIT ON AN ACCEPTABLE CREDIT CARD IN LIEU OF PROVIDING CASH. DEPOSITS ARE REFUNDED UPON RETURN OR APPLIED TOWARDS LATE RETURN CHARGES, LOSS OR DAMAGE.
EQUIPMENT PURCHASE
TITLE: TITLE TO EQUIPMENT COVERED BY THIS AGREEMENT REMAINS WITH ITA UNTIL FULL PURCHASE PRICE IS PAID.
SPECIAL ORDERS: SPECIAL ORDERS FOR NON-STOCKED EQUIPMENT- (“S.O.E.”) MAY REQUIRE 100% PREPAYMENT OR A DEPOSIT OF UP TO 50% OF PURCHASE PRICE. S.O.E. ORDERS ARE NONCANCELABLE AND IF REFUSED OR RETURNED WILL BE SUBJECT TO RETURNS. (BELOW)
RETURNS: ONCE RECEIVED PURCHASED EQUIPMENT MAY NOT BE RETURNED WITHOUT PREAUTHORIZATION AND IS THEN SUBJECT TO ITA INSPECTION. ALL ORIGINAL PACKING MATERIALS ARE REQUIRED. PREAUTHORIZED RETURN FREIGHT CHARGES MUST BE PREPAID. A MINIMUM ITA HANDLING FEE OF 10% WILL BE CHARGED ON ALL RETURNED EQUIPMENT UNLESS RETURN IS DUE TO ERROR CAUSED BY ITA. CREDIT MAY ALSO BE SUBJECT TO FACTORY APPROVAL AND CREDIT SHALL BE LOWER OF PURCHASE PRICE OR ITA SELLING PRICE AT TIME OF RETURN.
SHORTAGES: SHORTAGES AND/OR CLAIMS MUST BE MADE WITHIN SEVEN (7) DAYS OF RECEIPT.
EQUIPMENT, REPAIR & INSTALLATION
GUARANTY: REPAIR LABOR IS GUARANTEED FOR 30 DAYS AND ALL PARTS FURNISHED OR INSTALLED BY ITA FOR 90 DAYS AFTER DELIVERY OR RECEIPT UNDER NORMAL OPERATING CONDITIONS. INSTALLATION LABOR FOR EQUIPMENT PURCHASE(S) IS GUARANTEED FOR 90 DAYS & MANUFACTURER(S) WARRANTY EQUIPMENT. NO GUARANTY IS IMPLIED OR MADE WITH RESPECT TO ANY OTHER PARTS, EQUIPMENT OR CONDITIONS. SUBSEQUENT TRANSPORTATION, TRAVEL & IN-FIELD LABOR CHARGES ASSOCIATED WITH GUARANTY OR REPAIRS THAT BECOME NECESSARY DUE TO OTHER DEFECTIVE PARTS/EQUIPMENT WILL BE CHARGED AND PAID SEPARATELY.
08/01/2019